TABLE 1—
State Immigrant Criminalization and Integration Policies by Sector, Enacted by December 31, 2015: United States
Sector | Policy | Indicator That Policy Exists (Yes = 1; No = 0) |
Criminalization policies | ||
Identification and licensing | State driver’s licenses | Does the state require a social security number to obtain a driver’s license?14 |
Compliance with the federal Real ID Act of 2005, which sets standards for state licenses and IDs | Does the state comply with Real ID?15 | |
Work authorization | Use of employment authorization database, E-Verify | Does the state mandate employers use E-Verify?16 |
Immigration enforcement and criminal justice | Law enforcement collaboration with federal enforcement | Does the state fully collaborate with federal immigration authorities?17 |
Law enforcement inquiry about legal status | Does the state require or allow that law enforcement verify individuals’ legal status at the time of a stop or arrest?18 | |
Sentencing laws | Does the state sentence nonviolent criminal offenses at least 365 d?18,a | |
Integration policies | ||
Health and social service benefits | State Children’s Health Insurance Program (SCHIP) | Does the state provide health insurance to children regardless of legal status?19 |
Medicaid—prenatal care | Does the state provide care to pregnant women regardless of legal status?19 | |
Supplemental Nutrition Assistance Program | Does the state count a prorated share of ineligible noncitizen income to determine family eligibility for benefits?20 | |
Education | In-state college and university tuition | Does the state provide most students in-state tuition regardless of legal status?21 |
Financial aid for colleges and universities | Does the state provide students scholarships or financial aid regardless of legal status?21 | |
Labor and employment | Citizenship requirements for peace officers | Does the state require peace officers be citizens?b |
Citizenship requirements for teachers | Does the state require teachers be citizens?c | |
Worker’s compensation | Does the state include undocumented immigrants in the definition of employee?22,a | |
Extension of protections for agricultural workers | Does the state extend wage and hour protections for agricultural workers?23 | |
Extension of protections for domestic workers | Does the state extend wage and hour protections for domestic workers?23 | |
Domestic Worker’s Bill of Rights | Does the state have a Domestic Worker’s Bill of Rights?23 | |
Protection against immigration-related employer retaliation | Does the state have laws that protect noncitizen workers from employer retaliation related to their legal status?24 | |
Professional licensing of undocumented and DACAmented professionals | Does the state allow licensing of undocumented or DACAmented professionals?24 | |
Language access | Payment of interpreters through Medicaid or SCHIP | Does the state pay for interpreters through Medicaid or SCHIP?25 |
English language–only legislation | Does the state have English as the official language?26 |
Note. DACA = Deferred Action for Childhood Arrivals.
And author’s review of state statutes.
Author’s review of state law enforcement agency hiring requirements and legislative codes.
Author’s review of state department of education hiring requirements and legislative codes.