Introduction
In the whole world, the U.S. immigration laws are considered as the most complex and this has resulted in a lot of confusion in how it functions. Furthermore, the election of Trump as the 46 th U.S president has made things worse for the illegal immigrants and those who had aspirations of migrating to the U.S. this follows as he is strongly opposed to illegal immigrants hence tougher policies have been put in place. Despite the immigration policies in the U.S being tough, there are states that have made these policies even tougher while others have eased things with states like Columbia being among them while states like Arizona is well known for its tough policies. This paper is focused on making comparisons on immigration policies between the states of Texas and Arizona.
An individual of foreign national is allowed to work and live lawfully and permanently in the United States through the provisions in the Lawful permanent residency. The body of law governing current immigration policy the Immigration and Naturalization Act (INA) with certain exceptions for close family members provides for an annual worldwide limit of 675,000 permanent immigrants. The Lawful permanent residents (LPRs) make immigrants eligible to apply for nearly all jobs (i.e., jobs not legitimately restricted to U.S. citizens), additionally, this law makes it legal for them to stay in the country even if they are unemployed. Furthermore, every year, non-citizens are admitted into the United States on a temporary basis. A separate number for refugee admissions is determined by the United States Congress and the president annually.
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Upon the following principles, are the United States immigration based; admission of immigrants with skills that are valuable to the U.S. economy, the reunification of families, diversity promotion and refugee protection ("Immigration policies", 1984). These principles drive the basis on which immigration is conducted in the United States. The current government is bent on making the already tough U.S policies even tougher and good indication is the executive order signed back in 2017 barring people from Muslim nations from entering the U.S (Masri & Senussi, 2017). This is a gesture of what is to be expected on these policies in the coming days.
On the account of the legislative principle of preemption is where immigration has traditionally been regulated solely by the federal system. In order to prevent a tangle of inconsistent laws, states were barred from passing their own immigration laws. However, a number of states have passed laws relating to immigrants with citizens increasingly anxious about unregulated immigrant populations and the associated risks, and an environment concerned about terrorist attacks. States now commonly pass laws that impact which services and benefits are available within the state, the notification of the Immigration Service where violations are discovered or an increasing number of circumstances can result in inquiries about a person's immigration status.
Politics in Texas
The Democratic Party has dominated politics in Texas since Reconstruction to the 1990s when Republican Party took over. In Texas, there are five stages under which a public policy may be made including; problem definition, agenda setting, policy adoption, implementation, and evaluation. The legislative and bureaucratic machinery of government may formulate, adopt, and implement a strategy ensuring that the identified problem is solved. Priorities are identified by the governor, however, the deputy governor who presides over the states senate and the speaker of the house may also identify priorities. The governor is the head of the government in Texas aided by a deputy while the senator is in charge of federal issues relating to the state as he/she represents the state in federal government. A policy is executed by the states elected officials while the governor signs a policy into law within the state.
Politics in Arizona
Arizona State is widely recognized as a Republican state. According to Arizona constitution, the governor is the head of the government as the executive is composed of the governor, his cabinet and other elected officials. Through the legislature and by direct democracy through initiatives and referenda is how laws are enacted in Arizona. The work of the council is to ensure each bill is in proper form, for knowing how each bill will affect another statute. House of Representatives and Senate make up the legislature. Members of both the House and the Senate and a professional staff make up the joint legislative committee which together makes the Legislative Council. Once a bill passes all the requirements in both the house and the Senate it is signed into law by the governor, however, if both the house and the Senate do not agree, it is sent to the conference committee which will make necessary amendments then takes it back to each chamber for a vote.
Immigration Policies in Texas
According to the Census Bureau, Texas overtook New York in 1994 as the nation's second most populous state. This change in a population may be attributed to hospitality in Texas. A greater majority of immigrants in Texas come from Mexico as Texas has had a long immigration history. In the total Texas population, 17 percent accounts for immigrants and this has really worked in its favour as it has supported the growth of numerous industries. 40 percent of workers in the state are immigrants and they work in the construction sector as it is among the fastest growing and largest industries in the state.
The presence of workers in Texas is very beneficial to all as the business owner, workers, neighbours and taxpayers as they are a diverse and growing community. In enforcing the law the police in Farmers Branch, Carrollton, and Harris County cooperate with federal authorities as part of the 287(g) Immigration and Customs Enforcement (ICE) ACCESS Program. Everyone arrested is fingerprinted and run through a federal database which checks their criminal record and immigration status under a federal program called "Secure Communities”.
When it comes to employment in the state anyone hired by a state agency and public college must have their information checked through E-Verify. To obtain a driver's license or state ID, a valid Social Security Card is one of several types of identification acceptable (but not necessarily required). In public universities, the children of illegal aliens are allowed to pay in-state tuition at rates similar to the children of legal citizens and other Americans. However, other states have gone as far as allowing the illegal immigrants to acquire financial aid, states like California (Djajić & Vinogradova, 2017). To participate in the voting process in Texas, valid and current photo identification is required.
Immigration Policies in Arizona
Depending on the demographics, geography and politics, major issues relating to immigration vary. The state of Arizona ushered in one of the toughest immigration laws with the passage of Arizona Senate Bill 1070 and it’s signing into law in the United States at the time ( Williams & India, 2011). However, the law was whittled down significantly after the 2012 U.S. Supreme Court ruling and a 2016 settlement with immigrants’ rights groups that had filed lawsuits (Plant, 1953). Due to its tough measures, Arizona spurred considerable controversy and received national and international attention. All aliens over the age of 14 who remain in the United States for longer than 30 days are required to register with the U.S. government according to U.S. federal law.
It is considered a federal misdemeanour crime for not carrying proper identification at all times since the U.S. Federal law also requires aliens older than 18 to possess them. Additionally, Arizona made it a state misdemeanor crime for an alien to be in the state without carrying the required documents, furthermore, it is required that when there is a reasonable suspicion that the individual is an illegal immigrant, state law enforcement officers attempt to determine an individual's immigration status during a "lawful stop, arrest or detention. The state or local officials or agencies were barred by the law from restricting enforcement of federal immigration laws, and those hiring, transporting or sheltering unregistered aliens have penalties imposed on them.
Aliens who are 14 years old or older to register with the government if they have been in the country for more than 30 days, they are further required to carry their registration documents with them at all times according to the federal law of U.S. Arizona state is known for passing tough restrictions on immigrants, this follows the sanction imposed on employers hiring illegal aliens in 2007. The immigration status of an individual arrested is run through a fingerprint database to check their immigration status is legal or not. Employers are prohibited from hiring illegal persons knowingly according to the "Legal Arizona Workers Act" (Arizona Revised Statutes (A.R.S.) sections 23-211 to 23-214).
Employers are expected to use the E-verify to check the immigration status before employing someone and the penalty for not complying may lead to loss of business license. The state of Arizona does not offer the driving license to illegal persons and require proof of being a legal citizen to be issued one. Illegal immigrants are supposed to be given emergency services required to support life but are prohibited from getting public benefits. Furthermore, the illegal immigrants are not required to receive in-state tuition benefits. During elections, voters are required to present either a photo ID or two forms from a list of valid acceptable documents ( Dupree & Jamie, 2010). Residents have also moved to court barring illegal immigrants from being able to rent houses.
Similarities of Policies between the two states
Due to the increased crime rates, need for economic growth and employment cases, some states have made adjustments to the U.S federal laws. These adjustments have been sole to enhance benefits and protection in the states. Depending on various issues including culture, states have put strict policies while others lenient policy adjustments. States like Arizona is considered one of the toughest states when it comes to immigration policies ( Hunt & Kasie, 2010). On the other hand, a state like Texas has throughout the years been considered as one with the lenient approach towards the immigrants and this is said to have been a contributing factor to the state's stable economy. Despite these states being diverse in their policy adjustments, there are some similarities in immigration acts between the two states.
When it comes to prohibition of local policies that limit federal immigration laws enforced, these states are the same. Both Texas and Arizona have put prohibitions to their local policies that may limit enforcing of the federal laws on immigration. These states have gone a little further to put prohibitions on state policies that stop both local and state officials from providing the federal authorities with information. These states fully corporate with the federal government and do not support holding back any information that may prove beneficial to the federal government. When the police in both states encounter an individual whom they have reasonable suspicion that the person is not legal in the state, they are required to check their immigration status, however, in Arizona, the attorney general asked the officers to ignore this provision.
An individual convicted of local or state offences but is not documented is required to be transferred to the custody of the federal custody in both states. Locals who violate the immigration act in both states risk facing civil penalties; this includes employers who employ illegal immigrants knowingly, transporting, and hiding them. This follows as each state encourages employers to cross-check the immigration status before they employ anyone. Furthermore, both Texas and Arizona are similar as they both filed lawsuits against the federal rule requiring programs to give work permits to about four million illegal immigrants and be protected from deportation.
Differences in Policies between the two states
The two states are very different in the dealings as Texas is considered to be more welcoming to immigrants while Arizona is feared for its tough immigration measures. Arizona State, unlike Texas, requires that the records of verification of employment eligibility be maintained for three-year employment term. Texas is not in support of this policy. Arizona State is known for permitting individuals who have committed deportable offences to be arrested without warrants while Texas requires one to be arrested on a warrant. For federal immigration law violations, Arizona State creates separate state criminal offences while the state of Texas does not. Government officials in Texas who violate the immigration act face criminal penalties while the state of Arizona does not.
Arizona State allows for the establishment of investigation processes for complaints about hiring undocumented workers while Texas does not allow for this act. In Texas, all ICE detainer requests are required to be honoured by the localities in Texas while Arizona State does not allow for this. Both the state and local law enforcement in Arizona are given the authority to transport non-citizens held in custody to federal custody even when out of the jurisdiction of the local authorities while Texas does not allow for this. Despite the differences in these two states, they conduct their duties regarding immigration effectively.
Arizona State borders many states including New Mexico and Mexico. Mexico has a long history of illegal immigrants coming to U.S. This may be one of the main reasons Arizona state is so tough on implementing tough measures to draw away the immigrants. Texas, Arizona, New Mexico and California are bound to Mexico by geography, economics, history and demography. These states directly border Mexico and are specifically affected by relations between the two nations. The larger population of illegal immigrants comes from Mexico. These issues may explain why a state like Arizona has implemented strict measures against illegal immigrants while Texas on the hand has implemented fair measures, however, Texas has not been so keen on toughening the measures since the immigrants make a larger population of the workforce especially hard labour and be seen to bolster the state's economy.
Majority of the immigrants are not learned hence they opt for manual labour. On the other hand, Arizona's employment has faced challenges as it has been below the pre-recession peak. This may be a contributing factor towards its tough immigration policies since it is felt that the illegal immigrants are taking away most employment opportunities. Texas has the largest economy in the U.S with a gross state product of $1.706 trillion and it has the lowest tax burden of 8.7% of resident incomes.
Texas has the largest population in the U.S after California. Over 1.5 million immigrants live in Texas; this may be attributed to the dynamic economy. Texas did not issue certificates to people of the same sex who wished to marry until 2017 January. During this time, 345 people were the daily migration number for people who moved in and out of Texas, however, migration patterns have not been affected by gays, the mass migration from other states to Texas is high and will cause serious challenges associated with overpopulation in the near future. While Arizona's migration patterns have been one of the most consistent among the states. Arizona's migration patterns have not significantly changed over the years despite the tough measures implemented. Since 2014, gay marriages have been legal in Arizona; however, this has not in any way changed the migration patterns. The steady migration patterns will cause challenges in the near future.
Historical Incident that made a state change its law
Erie Railroad was sued in a federal court by Tompkins for personal injuries committed in Pennsylvania. According to Pennsylvania laws, Erie owed Tomkins nothing, however, federal laws made Erie liable. Erie was made to pay for damages and the decision was upheld when appealed. There was a contradiction between the state and federal law. The courts held it stating that it only recognized laws made by federal legislatures. This forced Pennsylvania to change the law to match that of the federal government. The courts stated that this state law lacked uniformity with the state law hence all laws were supposed to be made in line with that of the state. The lesson in the story is that all U.S state laws are made in accordance with the federal laws so as not to bring confusion. In this study, migration laws can only be altered in a way that does not contradict the federal laws.
Conclusion
In order to prevent a tangle of inconsistent laws, states were barred from passing their own immigration laws. The adjustments have been sole to enhance benefits and protection in the states. Depending on various issues including culture, states have put strict policies while others lenient policy adjustments. Some states have reaped the benefits of the large workforce in the states due to lenient immigration policies (Termote, 2011). Some states have made it a priority to ensure their borders are safe from unauthorized persons; they have gone as far as putting sanctions on illegal aliens, including not renting houses to undocumented persons. Immigrants just like the legal occupants of the U.S are people and deserve respect, some policies that are humiliating and are not humane should not be considered. The U.S is a great country and should stay like that and should not be seen to dividing the people.
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