Recent developments in
immigration policy and
demography
Dr. Steven M. Nolt
Goshen High School
September 17, 2012
ARIZONA et al. v. UNITED STATES
argued April 25, 2012, decided June 25, 2012
• Arizona law known as S.B. 1070 (passed in 2010)
• Justice Anthony Kennedy: “The National Government has
significant power to regulate immigration. Arizona may
have understandable frustrations with the problems
caused by illegal immigration while that process
continues, but the State may not pursue policies that
undermine federal law.”
ARIZONA et al. v. UNITED STATES
argued April 25, 2012, decided June 25, 2012
• Arizona law known as S.B. 1070 (passed in 2010)
• Justice Anthony Kennedy: “The National Government has
significant power to regulate immigration. Arizona may
have understandable frustrations with the problems
caused by illegal immigration while that process
continues, but the State may not pursue policies that
undermine federal law.”
• Overturned three provisions that
– made it a crime to fail to register with the federal government
(ruling was 6-2);
– made it a crime for an unauthorized immigrant to seek work
(ruling was 5-3);
– allowed state and local law enforcement officers to arrest
anyone on the suspicion that the individual was in the country
illegally (ruling was 5-3);
• Let stand (by ruling 5-3)
– The “show-me-your-papers” provision that requires
state and local law enforcement, upon reasonable
suspicion, to check the immigration status of anyone
stopped for another crime, no matter how minor.
– Court said this fourth provision will be
unconstitutional if it ends up being selectively
enforced (i.e., racial profiling) or if it is used to detain
people for an unreasonable period of time while
checking their immigration status.
– “At this stage … it would be inappropriate to
assume” that the provision conflicts with federal
law, but that “does not foreclose” constitutional
challenges to the law once it has gone into effect.
• Reaffirmed by U.S. District Judge in Phoenix on Sept. 5, 2012
• Also emphasized that the executive branch has the
power to set priorities in immigration enforcement.
Indiana SEA 590 Immigration Law, Signed by Governor
Mitch Daniels , May 10, 2011
Some of the provisions:
• Requires state/local government contractors to use E-Verify.
• Includes incentives for private businesses to use E-Verify.
• Requires use of the SAVE (Systematic Alien Verification for
Entitlements) program when distributing state welfare
benefits.
• Allowed law enforcement to arrest individuals who are
subject to removal orders or similar proceedings, and to
make warrantless arrests of people based only on suspected
immigration status. (Additionally, all individuals arrested are
fingerprinted and run through a federal database which
checks their immigration status individually).
• Outlaws the use of ID cards issued by foreign consulates.
• Related law (HEA 1402), signed the same day, bars
unauthorized immigrants from accessing college tuition aid.
Indiana SEA 590 Immigration Law, Temporary
injunction in June 2011 against …
Some of the provisions:
• Requires state/local government contractors to use E-Verify.
• Includes incentives for private businesses to use E-Verify.
• Requires use of the SAVE (Systematic Alien Verification for
Entitlements) program when distributing state welfare
benefits.
• Allows law enforcement to arrest individuals who are
subject to removal orders or similar proceedings, and to
make warrantless arrests of people based only on suspected
immigration status. (Additionally, all individuals arrested are
fingerprinted and run through a database which checks
their immigration status individually).
• Outlaws the use of ID cards issued by foreign consulates.
• Related law (HEA 1402), signed the same day, bars
unauthorized immigrants from accessing college tuition aid.
• In late July 2012, following the U.S. Supreme Court ruling
on the Arizona law, Indiana’s Republican Attorney General
Greg Zoeller said that the state would no longer defend the
portions of the law that allow for warrantless arrests based
on assumed immigration status.
Following the Supreme Court ruling, Zoeller said, “A
warrantless arrest under those circumstances is
unconstitutional” and “warrantless arrests under those
circumstances and justifications will not be defended.”
• On September 5 three state senators (Mike Delph and two
others) asked the U.S. District Court to allow them to
defend the parts of the law the attorney general will not.
• Zoeller is still committed to defending the provision that
outlaws ID cards issued by foreign consulates.
President Obama’s Executive Order of June 5, 2012 to
U.S. Citizenship and Immigration Services
Executive discretion not to pursue those:
•
•
•
•
who arrived in this country before turning 16;
have no felony record;
have resided here continuously for at least five years;
are currently in school or have graduated from high school or
obtained an equivalency diploma;
• or are honorably discharged veterans.
• But cannot have turned 30 at the time of their application.
Those who meet these criteria can apply for a two-year,
renewable, deferment from CIS prosecution. They may
also apply for temporary authorization to work.
• The implications of this action matched, in
many ways, the aims of the DREAM Act, which
has been introduced in Congress but not
passed since 2002.
• The president’s order is unlike the DREAM Act
in that it does not (and cannot) address issues
of citizenship.
At the national level, significant demographic
changes and developments were reported in
two recent (May 3 and June 19) studies by the
Pew Centers.
Net Migration from Mexico has
dropped to zero
Pew Research Center,
May 3, 2012 report
Why?
• Appears to be the result of many factors,
including:
– weaker U.S. job market
– slowly improving Mexican economy
– heightened border enforcement
– rise in deportations
– dangers associated with unauthorized border
crossings
– the long-term decline in Mexico’s birth rate
• 1960: 7.3 children
• 2009: 2.4 children
Immigration from Mexico in historical
perspective
• Mexican immigration to the U.S. “has already secured a
place in the record books.” In absolute numbers, “no
country has ever seen as many of its people immigrate to
[the U.S.] as Mexico has in the past four decades. However,
when measured … as a share of the immigrant population
at the time, immigration waves from Germany and Ireland
in the 19th century equaled or exceeded the modern wave
from Mexico.”
– Pew Research Center report
• Immigrants
from Asia now
largest share of
immigrants
• Pew Report released
June 19, 2012
• The 2010 Census counted more than 17
million Asian Americans, or 5.6% of the
U.S. population.
• The Asian-American population grew
faster than any other group from 2000 to
2010 (46%) and roughly quadrupled from
1980 to 2010.