By Nicole Catá, Policy Intern
Immigrants’ rights activists have their work cut out for them due to a series of anti-immigrant legislation passed in various states. First, Governor Jan Brewer of Arizona signed a bill that requires immigrants to carry their documents at all times and obliges police to interrogate individuals if there is cause to suspect they’re undocumented. This law, which allows police to stop people on the basis of “foreign characteristics,” inspired an ordinance in Fremont, Nebraska that prohibits businesses from hiring undocumented immigrants and bars landlords from renting to undocumented immigrants. Most recently, after permitting a resolution praising Arizona on the state’s immigration law to be sent without his signature, Governor Phil Bredesen of Tennessee has signed a controversial, anti-immigrant bill into law:
The law requires local law enforcement agencies to contact federal immigration officials if the citizenship of a person in custody can not be confirmed within three days. Under the agreement, no counties are exempt, and jailers wouldn’t have to deport anyone.
The provisions of this law are frightening for immigrants living in Tennessee for several reasons. First, the legislation stigmatizes those who cannot confirm their citizenship. This language is ambiguous at best for legal permanent residents, let alone undocumented individuals. Not everyone has immediate access to their passport or documents, citizens or not.
Second, requiring confirmation within three days is problematic because many immigrants do not have sufficient access to public transportation and cannot afford to own a car. Individuals in smaller counties in Tennessee may be at risk if it becomes necessary to transport and produce physical evidence of citizenship.
Third, the provision that no counties are exempt from this legislation means that no local law enforcement agencies may use their discretion when dealing with these strict measures. Lastly, while police officers wouldn’t have to deport anyone, it is unclear how the federal immigration officers will handle individual cases once contacted. We must be vigilant in keeping track of how this law plays out in Tennessee.
As the Obama administration is filing a lawsuit against the Arizona law, it is my hope that other states in the U.S. take heed as the Justice Department calls into question the constitutionality of such deportation measures and that President Obama implements a timely strategy to realize the immigration reform measures he alluded to in his recent speech.
By Nicole Catá, Policy Intern
Wow, it still amazes me how other states could pass certain laws like this. And you are definitely right, these laws do not take into account how time sensitive getting documents is from waiting to paying for it. I also hope that Mr. Obama implements a strategy as you mentioned, because how many more laws need to pass before something gets done?
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