The state of Florida, in addition to being famous for its beaches, amusement parks, and many Spanish-speakers, is becoming a stronghold for enacting ultra-conservative policies. The Florida legislature recently passed one of the most anti-immigrant laws in the last decade. Why did this happen? Could other states, such as North Carolina, do the same?
The bill known as SB-1718 provides $12 million to relocate undocumented immigrants away from Florida. It also requires companies with more than 25 employees to verify the immigration status of their workers, prohibits local governments from giving money to organizations that issue ID cards to immigrants, and invalidates driver’s licenses from other states where immigrants can obtain this document.
This series of measures, driven by Governor Ron DeSantis, seeks two things: 1) to revive old and unfounded fear against immigrants, and 2) to portray DeSantis as a “tough” and ultra-conservative politician in order to strengthen his possible presidential bid.
Sadly, it is not the first time that this type of opportunistic legislation, baseless and riddled with prejudice, has profited from the fear of millions of working families. History shows us that these laws are only an awful spectacle and that, in practice, they cannot be implemented. Let’s look at some examples.
California’s attempt
In 1994, Proposition 187, with the dramatic name: “Save Our State” (SOS), sought to establish a citizenship evaluation system administered by the state of California. In addition, it prohibited the undocumented from using (non-emergency) medical care, public education, and other services in the state.
The bill’s proponents said it was too expensive to pay for the social services immigrants received, but the California Legislative Analyst’s Office estimated that a proprietary immigration status verification system would actually be more expensive.
Voters approved this bill in the November 8, 1994 election. However, it was challenged in a lawsuit the next day and declared unconstitutional by a federal district court on November 11 of that year.
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Racial profiling in Arizona
In 2010, then-Arizona Governor Jan Brewer pushed through a draconian law known as “Show me your papers.”
Among other things, SB-1070 made it a crime for an immigrant to be in Arizona without carrying his or her documents. It also forced local police to determine the immigration status of a person if they had “reasonable suspicion” that they were not in the country legally. Furthermore, it imposed sanctions on anyone who transported “unregistered aliens,” even if they were family members.
Barely 24 hours after SB-1070 went into effect, a judge ordered the suspension of the law’s most controversial clauses.
The architect of this law, Republican Russell Pearce, then president of the Arizona Senate, lost his seat in a recall election in November 2011 and became the first lawmaker in that state’s history to be removed from office.
State anti-immigrant laws are unconstitutional
Today, the North Carolina General Assembly wants to ignore history. It continues pushing a bill that would force local law enforcement agencies to collaborate with Immigration and Customs Enforcement.
Immigration is a federal matter. States do not have the authority to create their own immigration policies. These laws are harmful to the economy, likely to lead to racial profiling, and detrimental to the relationship between law enforcement and the community. It is reprehensible that politicians are aware of this but still continue to sow fear in order to obtain some votes.