The Supreme Court's current lack of a 9th justice is causing ripple effects across policy issues, including major disputes over President Obama's immigration policy. On April 18, 2016, The Supreme Court of the United States heard the oral arguments for United States vs. Texas, which is about President Obama's 2014 executive action on immigration. While the SCOTUS ruling will not come out until later in the summer, analysts predict a 4-4 split decision.
While the President's executive action and the fight for better immigration laws in Congress is a battle worth having, they are not the only laws and policies that will help undocumented migrants in the U.S. thrive. Laws and practices at the state level are increasingly having more of an impact on the lives of undocumented migrants.
If the 5th circuit court injunction on DAPA/DACA+ stands, the executive action could still become policy in particular states. Whichever way the ruling goes, immigrant rights advocates should not ignore the mechanisms that are in place at the state level that can help undocumented migrants successfully integrate into U.S. society.
The advocacy work of small civil society organizations at the local level is one example of how people can have an impact on the lives of migrants even without federal immigration reform. The CLEAN Carwash Campaign in Los Angeles successfully fought for carwash workers to have union contracts for the first time in U.S. history. The collaboration between different civil society organizations to create CLEAN has led to a better respect for the labor rights of carwash workers in Los Angeles.
Local legislation can also have an influence on making the lives of migrants safer for undocumented migrants. Whether undocumented migrants can obtain driver's licenses is one example of local legislation that is in the hands of the state population. In May 2013, Oregon Gov. John Kitzhaber signed into law the bill permitting for undocumented migrants to have Oregon driver's licenses. Unfortunately, Measure 88 in 2014 reverse the law after a well-funded campaign by the opposition to the bill. Not having a driver's license makes the lives of migrants harder since they are not legally allowed to drive to work or take their children to school.
Increasingly, identification laws are increasing or decreasing the rights of migrants. The New York municipal ID card is one example of how greater identification rights for migrants can lead to improved access to state services, thus increasing the livelihoods of migrants. IDNYC has allowed for undocumented migrants to open bank accounts, enter government buildings, and identify themselves to the police.
In the National Immigrant Integration Conference (NIIC) in December 2015, Mayor Bill de Blasio announced that New York would spend $7.9 million in 2016 to provide free legal assistance for the cities immigrants, called Action NYC. During NIIC, Governor Andrew Cuomo also emphasized the city's focus on cracking down on wage theft and exploitation. Even during the stalemate of President Obama's executive actions, states still hold power in making the lives of their migrant population better or worst.
Ultimately, federal immigration reform matters, DACA and DAPA matter, but immigrant rights advocates should not blind themselves into forgetting about the everyday ways that they can locally help migrants in their community. Union contracts, driver's licenses, and state ID laws are all contested on the local level. If one feels hopeless about waiting for the SCOTUS ruling to come out, maybe it is time to take a step back and remember how the power of a state residency can be used to help our immigrant neighbors.
Sara would like to thank BU College of Arts and Sciences for the travel award to go to the National Immigrant Integration Conference and Justin McBride from the CLEAN Carwash Campaign for the interview.