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August 23, 2006

States efforts to enforce immigration may be unconstitutional

The National Conference of State Legislatures held in Nashville TN last week. Attending from Hawaii was my Cal Western law school classmate Terrence Aratani. It was great to see him again and to meet the fellow members of the Hawaii delegation. Here is an article about the NCSL by KVOA, Tuscon;

"Lawmakers around the country are passing state laws to get tough on illegal immigration, but legal experts say many of those laws will turn out to be unconstitutional.

More than 550 bills relating to illegal immigration were introduced in statehouses this year, and at least 77 were enacted, according to a survey presented last week at the annual meetings of the National Conference of State Legislatures.

However, NCSL analyst Ann Morse told lawmakers at the conference that a 1986 federal law forbids states from enacting stricter criminal or civil penalties for illegal immigration than those adopted by Congress. "The federal government decided it was too complicated for the states to enact their own competing laws on this," she said.

So what about the laws passed this year? "I believe they'll be tested in court," she said.

Illegal immigration bills this year have included measures on education, employment, driver's license, law enforcement, legal services and trafficking.
"Unique among the states, Georgia introduced a bill that addressed all these different policy arenas, and passed it as one bill earlier this spring," Morse said".


Posted by VisaLawyer at August 23, 2006 06:53 AM


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