• Arizona's controversial immigration law is stealing the headlines months after it was passed
  • However, cities and states across the US are grappling with immigration-related issues, too
  • Like Arizona's law, the actions taken by other cities and states are drawing legal fire
  • Know what you can do if your local officials are (or aren't) trying to tackle some of these issues
 


In late July 2010, about three months after it was passed, Arizona's controversial immigration law is still stealing the headlines. In background, though, states and cities from across the US - and far from the US-Mexico border - are grappling with all kinds of immigration-related issues.

Nationwide Responses

From Pennsylvania to Nebraska, there are ongoing efforts to address problems or issues posed by foreign nationals or immigrants living within their borders. State and local governments are passing laws and ordinances directed at immigrants in the US illegally. Sometimes they're directed at everyone - but it seems they're aimed at immigrants.

What they all have in common with Arizona, though, is that the laws and ordinances are drawing a lot of legal fire. For example:

Hazleton, Pennsylvania , a small city about 200 miles away from Pittsburgh, passed an ordinance in 2006 that barred employers from getting business permits or government contracts if they hired undocumented workers - that is, immigrants in the US illegally. The ordinance also imposed a fine on landlords who rented to illegal immigrants.

In a lawsuit spearheaded by the American Civil Liberties Union (ACLU), a federal court ruled that the ordinance violated the US Constitution. The case is still pending in a federal court of appeals, however.

Carpentersville , a small village in Illinois, considered passing a ordinance similar to Hazelton's in 2006, too. It decided to wait until the Hazelton case is over. Four years later, however, there are reports the mere proposal of the ordinance caused an economic upheaval in the town when hundreds of immigrants left.

Fremont, Nebraska has a law similar to Hazelton's, but it's considering suspending the law to the avoid legal expenses in a lawsuit filed against the town by the ACLU and others.

Jackson, New York , a very small town of 1,700, passed an ordinance in early 2010 making English the only language used in all official meetings and business activities involving the town and its officials. The New York Civil Liberties Union (NYCLU) says the law is unconstitutional. Town officials say the law isn't prejudicial or directed at any particular ethnic or racial group.

Legal Issues

At the heart of this is long-standing rules set down by the US Supreme Court over the course of more than a century of lawsuits involving immigrants from China, Mexico, and other nations. It's complicated, but as a general rule, everyone and anyone in the US has some constitutional rights, whether they're in the US legally or illegally.

In a nutshell, according to the Court, illegal immigrants are protected by the First, Fifth, Sixth, and Fourteenth Amendments to the US Constitution. That means they have free speech rights, protection against unreasonable searches and seizures, and equal protection under the laws, just to name a few things.

The problems with some of the immigration-related laws noted above may violate those rights. Does an English-only law violate immigrants' free speech rights? Do the laws restricting who employers hire or who landlords rent to amount to discrimination based on race or ethnicity? Do they deny equal treatment under the law to immigrants? These are the questions ACLU and others want answered.

What You Can Do

Whether you're for tougher immigration laws or fair treatment for immigrants in the US, if you have an opinion about how it should or shouldn't be handled, speak up. Contact your state or local elected officials and let them know how you feel.

If you're an immigrant and you're uncertain about how laws like these affect you and your family, it's best to get some legal advice from an attorney or a legal association like the ACLU.

Immigration and immigration reform is a topic that stirs great debate and passion. It affects us all, regardless of whether you're in a border state or not. it's up to all of us to come up with a sensible, fair solution.  

Questions for Your Attorney

  • Do I have to follow the hiring and renting ban law while the lawsuit is still pending?
  • How do I make sure people I hire are in the US legally?