Prof Andy Ayers Director of the Government Law Center Albany Law School OUTLINE Immigration statuses 2 Sanctuary decisions 3 Noncitizens eligibility for licenses and benefits 4 Green Light Law ID: 798412
Download The PPT/PDF document "County Interactions with Immigrants" is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.
Slide1
County Interactions with Immigrants
Prof. Andy Ayers
Director of the Government Law Center
Albany Law School
Slide2OUTLINE
Immigration statuses
2. “Sanctuary” decisions
3. Noncitizens’ eligibility for licenses and benefits
4. Green Light Law
Slide31. KINDS OF NONCITIZEN STATUS
1.
Lawful permanent resident
(green card)
2. “
Non-immigrant”
(temporary / conditional)
3. Humanitarian (
asylum
etc
)
4. “Undocumented”
Slide4Variations in undocumented status
Means of entry
Visa overstay
Entry without inspection
Lost legal status
Pending application for status?
No application pending
Application pendingAdjudicated
3. Evading detection?
Deferred action
Checking in
At large, but authorities not seeking
Authorities seeking
Detained
Slide52. “SANCTUARY” DECISIONS
Use resources to participate in
imm
enforcement?
Feds can’t compel under 10th Amendment
Share information with
imm
authorities? Can’t ban sharing with DHS “information regarding immigration status”
Can choose not to collect info
3. Detain noncitizens at federal request?
Detainers are requests
Sheriffs lack
statutory authorization
to comply
May violate 4th Amend
4. Allow access to locally-controlled sites?
State courts deny without warrant; issue not yet litigated
Slide63. ELIGIBILITY FOR LICENSES AND BENEFITS
A.
Constitutional Rule
States/localities can’t deny benefits based on immigration status
Exceptions to the constitutional rule:
States can deny benefits to undocumented people
States can deny employment in certain government positions
States can deny benefits where federal law requires it
Slide73. ELIGIBILITY FOR LICENSES AND BENEFITS
B.
Federal statutes
States must deny certain benefits to specific groups:
Undocumented people
Non-immigrants
Certain humanitarian statuses
The benefits that cannot go to these groups include:
Health, housing, welfare, retirement, disability, unemployment
professional licenses and commercial licenses
Driver’s licenses not mentioned
Exception
: If the state passes a law specifically granting these benefits
Slide84.
THE GREEN LIGHT LAW
A. Creates a license that can’t be used for federal purposes
• Acceptable ID includes unexpired foreign passports, consular ID, foreign driver’s license, other forms TBD.
• Also required:
SocSec
#
or “an affidavit signed by such applicant that they have not been issued a social security number.”
Slide94. THE GREEN LIGHT LAW
B. Who will carry these licenses? People who are:
Undocumented
Lawfully present but not eligible for a
SocSec
# (tourists, many students, some spouses of certain
imms
)Eligible for SocSec# but don’t work and don’t get
SocSec
#
Not eligible for a SocSec# when they got their NY license, but have since become eligible
Slide104. THE GREEN LIGHT LAW
C. Info-sharing
Without a warrant or court order, DMV can’t disclose to anyone:
Docs any driver submitted as ID; or
Info on whether a driver qualifies for federal ID.
Anyone who receives records must certify they won’t share them with
imm
authorities.
Without warrant or court order, DMV can’t disclose to
imm
authorities:
any driver’s records.
If records are disclosed, DMV must notify the driver.
1. Sharing info with the public:
2. Sharing info with
imm
authorities:
Slide114. THE GREEN LIGHT LAW
C. Info-sharing
DMV/clerks can’t retain ID documents used to get not-federal licenses
3. Retaining records
Slide124. THE GREEN LIGHT LAW
Harboring
Preemption
Equal protection
D. Legal Challenges
Plaintiffs: Clerks of Erie and Rensselaer Counties (Kearns and Merola), and Monroe County and its supervisor (Cheryl
Dinolfo
)
Slide134. THE GREEN-LIGHT LAW
Harboring
violation?
Elements include
:
Knowledge of undocumented status
Intent to conceal
Action taken that “substantially facilitates” remaining in the US without detection
Plaintiffs’ claims
Clerks required to shield evidence of illegal
imm
Issuing licenses will help
imms
evade detection
Notifying drivers is helping evade detection
D. Legal Challenges
Slide144. THE GREEN LIGHT LAW
2. Preemption: info-sharing
By 8 USC
1373
and
1644
States/localities may not ban sharing “information regarding the citizenship or immigration status, lawful or unlawful, of any individual.”
D. Legal Challenges
Plaintiffs say:
Green Light ban on sharing info about drivers is tantamount to a ban on sharing “info regarding
imm
status”
Slide154. THE GREEN LIGHT LAW
2. Preemption: employment
By 8 USC 1324a
Crime to hire undocumented workers
D. Legal Challenges
Plaintiffs say:
One purpose of Green-Light is to facilitate work, which is an obstacle to Congress’s policy.
Slide164. THE GREEN LIGHT LAW
2. Preemption
Is
there standing?
D. Legal Challenges
Slide174. THE GREEN LIGHT LAW
Green Light Law:
No disclosure to public of any driver’s records, or any ID docs to DHS
No disclosure to public of whether any driver has not-federal license
No retention of ID docs for Green Light applicants
D. Legal Challenges
Plaintiffs say:
Noncitizens’ info is protected from disclosure in a way that citizens’ info isn’t
3. Equal Protection
Slide18For more information
Government Law Center immigration resources:
www.albanylaw.edu/glc/immigration
Andy Ayers:
aayer@albanylaw.edu