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Reforming the Broken Immigration System: States Stepping in When Congress Fails to Act

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California Governor Jerry Brown (C) is surrounded by state and local officials after he signed AB60 into law during ceremonies in Los Angeles on Oct. 3, 2013. Reuters/Office of Mayor Eric Garcetti

California Governor Jerry Brown (C) is surrounded by state and local officials after he signed AB60 into law during ceremonies in Los Angeles on Oct. 3, 2013. Reuters/Office of Mayor Eric Garcetti

Last fall, my colleague Daren Garshelis wrote about some of the legislative victories in California that led to 2013 being referred to in California as the Year of the Immigrant. Almost halfway into 2014, we are still waiting for Congress to act, so we thought it was important to remind people that while we wait for federal reform, states, and even counties, have been stepping in.

Last year in California, successful legislation tackled immigration issues related to workers’ rights, criminal justice, and access to driver’s licenses. In perhaps the best known victory of 2013, the TRUST Act limits local law enforcement’s cooperation with federal immigration authorities, setting a clear minimum statewide standard for local police not to detain people for deportation (on behalf of federal immigration authorities) unless an individual has certain types of convictions on their record. Such a separation between local law enforcement and federal immigration enforcement is crucial in order to maintain trust and community confidence in local law enforcement. This was a hard-fought win that required coordination among advocates, a concerted organizing effort, and lots of perseverance.

TrustActOn Tuesday, May 13, AFJ convened a panel discussion of leading immigrant rights advocates in the San Francisco Bay Area, called “What are States Doing to Address Stalled Federal Immigration Reform?” I moderated the panel featuring experts who were instrumental in the victories mentioned above: Angela Chan from Advancing Justice – Asian Law Caucus, Grisel Ruiz from the Immigrant Legal Resource Center, and Kiran Savage-Sangwan from the ACLU of Northern California. The discussion reminded us how much we have to celebrate, and also of the continued need for advocacy and organizing to make sure the laws that were passed are implemented as intended. Angela Chan reminded us that the passage of a law means little, practically speaking, without vigorous and diligent enforcement (and if you’d like the legal angle, read our fact sheet on administrative advocacy, which notes that such advocacy does not count against a 501(c)(3)’s lobbying limit).

While it’s true that implementation is needed to give a new law teeth, the motivational and emotional impact of a policy win should not be underestimated. That’s one reason, why what is happening in California has been so exciting for people who care about immigrant rights, both within California and around the country. Besides improving the lives of Californians, panelists explained how the passage of the TRUST Act has changed the conversation nationally – officials at DHS’s Immigration and Customs Enforcement took notice, and other states, like Massachusetts, Illinois and Washington, are thinking of following suit.

Advocates need to keep up the pressure in city councils, state legislatures, and with the Obama administration. As always, nonprofit advocates and their funding partners should think of Alliance for Justice as an ally and resource for legal guidance and support.

See our Immigrant Advocacy Toolkit and Spanish language resources, plus the many other publications and fact sheets on the revamped BolderAdvocacy.org website.


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