U.S. Immigration: National and State Trends and Actions
U.S. Immigration: National and State Trends and Actions
In the United States, the federal government maintains primary authority over immigrants' admission into and removal from the country. Historically, the states have been largely responsible for the practical aspects of absorbing and integrating immigrants into their communities. But the relationship between the federal government and the states with respect to immigration has become more collaborative, and the states are playing a more active role in creating policies. These developments have resulted in new cooperation and conflicts between the levels of government.
This dynamic coincides with changes in the size and distribution of the nation's foreign-born population over the past three decades. Before 1990, immigrants were largely concentrated in a few states, but today, significant numbers live in all 50 states. This interactive tool illustrates the growth of the foreign-born population in the states from 1980 to 2012 and provides a snapshot of key immigration-related activities at the federal and state levels.
This analysis is not comprehensive, however. It does not include all immigration laws, policies, and other factors that have shaped the relationship between the federal government and the states and does not draw or imply conclusions about causal relationships between population change and federal, state, and local activities. It is intended only to provide historical context for today's discussions on immigration and the states.
explore
0%
27%
UNITED STATES
Percentage of
population
population
12.9%
Foreign-born
residents
residents
39,955,854
Select a State
Percentage of
population
population
%
Foreign-born
residents
residents
Data Sources
Foreign-born Residents as a Percentage of State Population
Note:
Not adjusted for unauthorized immigrants not counted in the census
Source: U.S. Census Bureau, "Historical Census Statistics on the Foreign-Born Population of the United States: 1850 to 2000," Working Paper No. 81.
Unauthorized Immigrants as a Percentage of State Population
Note:
Not adjusted for unauthorized immigrants not counted in the census
Source: Jeffery Passel and Karen A. Woodrow, "Population Division, U.S. Bureau of the Census, Geographic Distribution of Undocumented Immigrants: Estimates of Undocumented Aliens Counted in the 1980 Census by State," International Migration Review 18:3 (1984): 642–71.
The foreign-born population in 1980
Total foreign-born population
- 14.1 million people, or 6.2 percent of the total U.S. population, were foreign-born, an increase from 4.7 percent in 1970.
- 61.8 percent lived in five states: California (25.4 percent), New York (17.0 percent), Florida (7.5 percent), Texas (6.1 percent), and Illinois (5.9 percent).
Unauthorized population
- An estimated 2.1 million people, or 0.9 percent of the U.S. population, were unauthorized immigrants.
- More than 8 in 10 unauthorized immigrants lived in just five states: 49.8 percent lived in California, and 30.9 percent lived in New York, Texas, Illinois, and Florida.
Select state action before 1980
Employment
- 12 states enacted legislation during the 1970s prohibiting employers from knowingly hiring unauthorized workers.
Public benefits
- Several states passed laws denying welfare, education, and other public benefits to individuals based on their immigration status.
Select federal action before 1980
The Immigration Act of 1965
- Abolished the decades-old national-origins quota system that restricted the number of visas that could be allocated to people of certain national origins. Replaced that quota system with one that allocates permanent resident visas within a preference system for certain close relatives of U.S. citizens and permanent residents (family-based immigration) and for persons with special occupational skills, abilities, or training (employment-based immigration). Immediate relatives of U.S. citizens and some other groups of noncitizens are not subject to numerical limits.
- Established annual numerical restrictions of 170,000 permanent resident visas for immigrants from the Eastern Hemisphere and 20,000 per country in that region.
- For the first time in U.S. history, the Western Hemisphere was subject to an annual numerical limit of 120,000 permanent resident visas, with no per-country limits.
- Amended in 1976 to subject the Western Hemisphere to the limit of 20,000 visas per country and the preference system.
- Amended in 1978 to combine the numerical limits for the two hemispheres into a single worldwide cap of 290,000 total permanent resident visas.
Supreme Court decisions
- Graham v. Richardson (1971) held that states could not deny state welfare benefits to lawfully residing individuals based on their immigration status.
- De Canas v. Bica (1976) found that state laws sanctioning employers for hiring unauthorized workers could be enforced and were not pre-empted by federal law. Congress did not enact legislation regulating the employment of noncitizens until the Immigration Reform and Control Act of 1986.
The foreign-born population in 1980
Total foreign-born population
- 14.1 million people, or 6.2 percent of the total U.S. population, were foreign-born, an increase from 4.7 percent in 1970.
- 61.8 percent lived in five states: California (25.4 percent), New York (17.0 percent), Florida (7.5 percent), Texas (6.1 percent), and Illinois (5.9 percent).
Unauthorized population
- An estimated 2.1 million people, or 0.9 percent of the U.S. population, were unauthorized immigrants.
- More than 8 in 10 unauthorized immigrants lived in just five states: 49.8 percent lived in California, and 30.9 percent lived in New York, Texas, Illinois, and Florida.
Select state action before 1980
Employment
- 12 states enacted legislation during the 1970s prohibiting employers from knowingly hiring unauthorized workers.
Public benefits
- Several states passed laws denying welfare, education, and other public benefits to individuals based on their immigration status.
Select federal action before 1980
The Immigration Act of 1965
- Abolished the decades-old national-origins quota system that restricted the number of visas that could be allocated to people of certain national origins. Replaced that quota system with one that allocates permanent resident visas within a preference system for certain close relatives of U.S. citizens and permanent residents (family-based immigration) and for persons with special occupational skills, abilities, or training (employment-based immigration). Immediate relatives of U.S. citizens and some other groups of noncitizens are not subject to numerical limits.
- Established annual numerical restrictions of 170,000 permanent resident visas for immigrants from the Eastern Hemisphere and 20,000 per country in that region.
- For the first time in U.S. history, the Western Hemisphere was subject to an annual numerical limit of 120,000 permanent resident visas, with no per-country limits.
- Amended in 1976 to subject the Western Hemisphere to the limit of 20,000 visas per country and the preference system.
- Amended in 1978 to combine the numerical limits for the two hemispheres into a single worldwide cap of 290,000 total permanent resident visas.
Supreme Court decisions
- Graham v. Richardson (1971) held that states could not deny state welfare benefits to lawfully residing individuals based on their immigration status.
- De Canas v. Bica (1976) found that state laws sanctioning employers for hiring unauthorized workers could be enforced and were not pre-empted by federal law. Congress did not enact legislation regulating the employment of noncitizens until the Immigration Reform and Control Act of 1986.
Foreign-born Residents as a Percentage of State Population
Note:
Not adjusted for unauthorized immigrants not counted in the census
Source: U.S. Census Bureau, "Historical Census Statistics on the Foreign-Born Population of the United States: 1850 to 2000," Working Paper No. 81.
Unauthorized Immigrants as a Percentage of State Population
Note:
Adjusted for unauthorized immigrants not counted in the census, ACS, or the March Supplement to the Current Population Survey
Source: Jeffrey Passel and D'Vera Cohn, "Unauthorized Immigrant Totals Rise in 7 States, Fall in 14," Pew Research Center's Hispanic Trends Project (2014), http://www.pewhispanic.org/files/2014/11/2014-11-18_unauthorized-immigration.pdf
The foreign-born population in 1990
Total foreign-born population
- 19.8 million people, or 7.9 percent of the total U.S. population, were foreign-born, up from 14.1 million (6.2 percent) in 1980.
- 32.7 percent lived in California, 14.4 percent in New York, and 7.7 percent in Texas.
Unauthorized population
- Approximately 3.5 million people, or 1.4 percent of the total U.S. population, were unauthorized immigrants.
- Slightly more than three-quarters of all unauthorized immigrants lived in just five states: 41.4 percent lived in California, and 35.4 percent lived in New York, Texas, Illinois, and Florida.
Select state action, 1980-90
Enforcement
- During this period, more than 20 cities and states passed "sanctuary" laws and resolutions. Some declared that Salvadorans and Guatemalans fleeing civil wars in their home countries and denied asylum in the United States could remain in those jurisdictions without fear of arrest for immigration violations. Others prohibited state and local government workers from inquiring about a person's citizenship status or sharing information about an individual's immigration status with federal officials.
Language
- Eleven states made English their official language. Three had done so before 1980.
Select federal action, 1980-90
Refugee Act of 1980
- Enacted a definition of "refugee" that partially incorporated international standards, created the legal status of "asylum," and established a program to resettle refugees within the United States.
- Reduced the worldwide cap on permanent resident visas from 290,000 to 270,000.
Immigration Reform and Control Act of 1986
- Created processes by which about 2.7 million unauthorized immigrants who had arrived before 1982 and an additional 1 million unauthorized agricultural workers could obtain legal status.
- Created penalties for employers who knowingly hired unauthorized immigrants and a procedure for employers to use for checking the work authorization of new employees.
- Established civil rights protections to safeguard lawfully present and U.S.-born workers from discrimination by employers.
- Created State Legalization Impact Assistance Grants to reimburse states for costs related to legalization.
Supreme Court decisions
- Plyler v. Doe (1982) found that states and localities cannot deny K-12 public education to children based on their immigration status.
The foreign-born population in 1990
Total foreign-born population
- 19.8 million people, or 7.9 percent of the total U.S. population, were foreign-born, up from 14.1 million (6.2 percent) in 1980.
- 32.7 percent lived in California, 14.4 percent in New York, and 7.7 percent in Texas.
Unauthorized population
- Approximately 3.5 million people, or 1.4 percent of the total U.S. population, were unauthorized immigrants.
- Slightly more than three-quarters of all unauthorized immigrants lived in just five states: 41.4 percent lived in California, and 35.4 percent lived in New York, Texas, Illinois, and Florida.
Select state action, 1980-90
Enforcement
- During this period, more than 20 cities and states passed "sanctuary" laws and resolutions. Some declared that Salvadorans and Guatemalans fleeing civil wars in their home countries and denied asylum in the United States could remain in those jurisdictions without fear of arrest for immigration violations. Others prohibited state and local government workers from inquiring about a person's citizenship status or sharing information about an individual's immigration status with federal officials.
Language
- Eleven states made English their official language. Three had done so before 1980.
Select federal action, 1980-90
Refugee Act of 1980
- Enacted a definition of "refugee" that partially incorporated international standards, created the legal status of "asylum," and established a program to resettle refugees within the United States.
- Reduced the worldwide cap on permanent resident visas from 290,000 to 270,000.
Immigration Reform and Control Act of 1986
- Created processes by which about 2.7 million unauthorized immigrants who had arrived before 1982 and an additional 1 million unauthorized agricultural workers could obtain legal status.
- Created penalties for employers who knowingly hired unauthorized immigrants and a procedure for employers to use for checking the work authorization of new employees.
- Established civil rights protections to safeguard lawfully present and U.S.-born workers from discrimination by employers.
- Created State Legalization Impact Assistance Grants to reimburse states for costs related to legalization.
Supreme Court decisions
- Plyler v. Doe (1982) found that states and localities cannot deny K-12 public education to children based on their immigration status.
Foreign-born Residents as a Percentage of State Population
Note:
Not adjusted for unauthorized immigrants not counted in the census
Source: U.S. Census Bureau, "Historical Census Statistics on the Foreign-Born Population of the United States: 1850 to 2000," Working Paper No. 81.
Unauthorized Immigrants as a Percentage of State Population
Note:
Adjusted for unauthorized immigrants not counted in the census, ACS, or the March Supplement to the Current Population Survey
Source: Jeffrey Passel and D'Vera Cohn, "Unauthorized Immigrant Totals Rise in 7 States, Fall in 14," Pew Research Center's Hispanic Trends Project (2014), http://www.pewhispanic.org/files/2014/11/2014-11-18_unauthorized-immigration.pdf
The foreign-born population in 2000
Total foreign-born population
- 31.1 million people, or 11.1 percent of the total U.S. population, were foreign-born, up from 19.8 million (7.9 percent) in 1990.
- A number of states that traditionally were not home to many immigrants experienced large growth in their foreign-born populations from 1990 to 2000. Two states with exceptional growth were North Carolina, in which the foreign-born population increased from 1.7 percent of the state population in 1990 to 5.3 percent in 2000, and Nevada, where the foreign-born population grew from 8.7 to 15.8 percent of the state population from 1990 to 2000.
Unauthorized population
- 8.6 million people, or 3.1 percent of the total U.S. population, were unauthorized immigrants, an increase from 1.4 percent in 1990.
- 61.9 percent lived in five states (California, New York, Texas, Illinois, and Florida). Only 26.2 percent of this population lived in California in 2000, down from 41.4 percent in 1990.
- Unauthorized immigrants made up at least 2 percent of the total population of 22 states and the District of Columbia.
Select state action, 1990-2000
Public benefits
- Arizona, California, Florida, New Jersey, New York and Texas sued the federal government for reimbursement of money spent on services—including health care and education—for unauthorized immigrants.
- In 1994, California passed a resolution demanding that the federal government compensate the state for its spending on services for unauthorized immigrants and that it enforce immigration laws.
Enforcement
- In 1994, California voters passed Proposition 187, which excluded unauthorized immigrants from all state services and benefits, including health care and public education; mandated that service providers report suspected unauthorized immigrants; and required law enforcement officials to check individuals' immigration status at the time of arrest and report unauthorized immigrants to federal authorities.
Driver's licenses
- Several states, including California, Colorado, and Arizona, explicitly barred unauthorized immigrants from eligibility for state driver's licenses. In other states, unauthorized immigrants were effectively ineligible for licenses because they could not provide the required documents, such as Social Security numbers.
Select federal action, 1990-2000
Immigration Act of 1990
- Raised the annual cap on permanent resident visas to 675,000 beginning in 1995, with 480,000 allocated for family-based immigration and 140,000 for employment-based immigration.
- Created a diversity visa program through which 55,000 visas were made available each year for immigrants from countries with low levels of migration.
- Created the H-1B temporary visa for highly skilled workers and the H-2B temporary visa for nonagricultural seasonal workers.
Violent Crime Control and Law Enforcement Act of 1994
- Created the State Criminal Alien Assistance Program to reimburse states and localities for costs incurred for incarcerating unauthorized immigrants convicted of crimes.
Illegal Immigration Reform and Immigrant Responsibility Act of 1996
- Increased the penalties for noncitizens who commit crimes and created new grounds for excluding and deporting noncitizens.
- Provided for additional Border Patrol agents, fencing, and technology along the southern border.
- Created an electronic system to allow employers to verify workers' eligibility to work in the U.S.
- Prohibited states and local governments from restricting information-sharing between their agencies and federal immigration authorities.
- Created the 287(g) program to allow state and local law enforcement agencies to receive immigration law-related training from the federal government and to enforce federal immigration laws.
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
- Established a five-year residency requirement for federal means-tested public benefit programs, such as Medicaid, for legal permanent residents and certain other immigrants.
- Reaffirmed that unauthorized immigrants are not eligible for any federal public benefits.
- Allowed states to provide fully state-funded benefits to immigrants who are ineligible for federal programs.
Antiterrorism and Effective Death Penalty Act of 1996
- Authorized state and local police to arrest and detain unauthorized immigrants who have previously been convicted of felonies in the U.S.
Court decisions
- In November 1997, a federal judge ruled California's Proposition 187 unconstitutional because it infringed on the federal government's exclusive jurisdiction over matters relating to immigration. After an initial appeal, the case was settled in 1999 and was not heard by a higher court.
- Federal courts dismissed lawsuits brought by Arizona, California, Florida, New Jersey, and New York against the federal government seeking reimbursement for state spending on services for unauthorized immigrants. The U.S. Supreme Court declined to hear the cases.
The foreign-born population in 2000
Total foreign-born population
- 31.1 million people, or 11.1 percent of the total U.S. population, were foreign-born, up from 19.8 million (7.9 percent) in 1990.
- A number of states that traditionally were not home to many immigrants experienced large growth in their foreign-born populations from 1990 to 2000. Two states with exceptional growth were North Carolina, in which the foreign-born population increased from 1.7 percent of the state population in 1990 to 5.3 percent in 2000, and Nevada, where the foreign-born population grew from 8.7 to 15.8 percent of the state population from 1990 to 2000.
Unauthorized population
- 8.6 million people, or 3.1 percent of the total U.S. population, were unauthorized immigrants, an increase from 1.4 percent in 1990.
- 61.9 percent lived in five states (California, New York, Texas, Illinois, and Florida). Only 26.2 percent of this population lived in California in 2000, down from 41.4 percent in 1990.
- Unauthorized immigrants made up at least 2 percent of the total population of 22 states and the District of Columbia.
Select state action, 1990-2000
Public benefits
- Arizona, California, Florida, New Jersey, New York and Texas sued the federal government for reimbursement of money spent on services—including health care and education—for unauthorized immigrants.
- In 1994, California passed a resolution demanding that the federal government compensate the state for its spending on services for unauthorized immigrants and that it enforce immigration laws.
Enforcement
- In 1994, California voters passed Proposition 187, which excluded unauthorized immigrants from all state services and benefits, including health care and public education; mandated that service providers report suspected unauthorized immigrants; and required law enforcement officials to check individuals' immigration status at the time of arrest and report unauthorized immigrants to federal authorities.
Driver's licenses
- Several states, including California, Colorado, and Arizona, explicitly barred unauthorized immigrants from eligibility for state driver's licenses. In other states, unauthorized immigrants were effectively ineligible for licenses because they could not provide the required documents, such as Social Security numbers.
Select federal action, 1990-2000
Immigration Act of 1990
- Raised the annual cap on permanent resident visas to 675,000 beginning in 1995, with 480,000 allocated for family-based immigration and 140,000 for employment-based immigration.
- Created a diversity visa program through which 55,000 visas were made available each year for immigrants from countries with low levels of migration.
- Created the H-1B temporary visa for highly skilled workers and the H-2B temporary visa for nonagricultural seasonal workers.
Violent Crime Control and Law Enforcement Act of 1994
- Created the State Criminal Alien Assistance Program to reimburse states and localities for costs incurred for incarcerating unauthorized immigrants convicted of crimes.
Illegal Immigration Reform and Immigrant Responsibility Act of 1996
- Increased the penalties for noncitizens who commit crimes and created new grounds for excluding and deporting noncitizens.
- Provided for additional Border Patrol agents, fencing, and technology along the southern border.
- Created an electronic system to allow employers to verify workers' eligibility to work in the U.S.
- Prohibited states and local governments from restricting information-sharing between their agencies and federal immigration authorities.
- Created the 287(g) program to allow state and local law enforcement agencies to receive immigration law-related training from the federal government and to enforce federal immigration laws.
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
- Established a five-year residency requirement for federal means-tested public benefit programs, such as Medicaid, for legal permanent residents and certain other immigrants.
- Reaffirmed that unauthorized immigrants are not eligible for any federal public benefits.
- Allowed states to provide fully state-funded benefits to immigrants who are ineligible for federal programs.
Antiterrorism and Effective Death Penalty Act of 1996
- Authorized state and local police to arrest and detain unauthorized immigrants who have previously been convicted of felonies in the U.S.
Court decisions
- In November 1997, a federal judge ruled California's Proposition 187 unconstitutional because it infringed on the federal government's exclusive jurisdiction over matters relating to immigration. After an initial appeal, the case was settled in 1999 and was not heard by a higher court.
- Federal courts dismissed lawsuits brought by Arizona, California, Florida, New Jersey, and New York against the federal government seeking reimbursement for state spending on services for unauthorized immigrants. The U.S. Supreme Court declined to hear the cases.
Foreign-born Residents as a Percentage of State Population
Note:
Not adjusted for unauthorized immigrants not counted in the ACS
Source: American Community Survey (ACS) 1-year estimates.
Unauthorized Immigrants as a Percentage of State Population
Note:
Adjusted for unauthorized immigrants not counted in the census, ACS, or the March Supplement to the Current Population Survey
Source: Jeffrey Passel and D'Vera Cohn, "Unauthorized Immigrant Totals Rise in 7 States, Fall in 14," Pew Research Center's Hispanic Trends Project (2014), http://www.pewhispanic.org/files/2014/11/2014-11-18_unauthorized-immigration.pdf
The foreign-born population in 2010
Total foreign-born population
- 40 million people, or 12.9 percent of the total U.S. population, were foreign-born, up from 31.1 million (11.1 percent) in 2000.
- Grew 10 percent or more in all states and the District of Columbia from 2000 to 2010. During the decade, the foreign-born population increased in Alabama from 2.0 percent to 3.5 percent of the state population and in South Carolina from 2.9 percent to 4.7 percent.
Unauthorized population
- Reached 12.2 million people nationwide in 2007 and then declined to 11.4 million, or 3.7 percent of the total U.S. population, by 2010.
- In 2010, 55.7 percent of unauthorized immigrants lived in five states: California, New York, Texas, Illinois, and Florida, down from 61.9 percent in 2000; 21.9 percent lived in California in 2010, compared with 26.2 percent in 2000.
- Unauthorized immigrants made up at least 2 percent of the total population of 28 states and the District of Columbia.
Select state action, 2000-10
Driver's licenses
- In 2003, New Mexico began accepting tax identification numbers to obtain driver's licenses. In 2005, Utah passed legislation allowing unauthorized immigrants to receive one-year driving privilege cards.
Integration
- In 2005, the governor of Illinois created by executive order the Illinois Office of New Americans, with the mission to "coordinate policies and programs to help newcomers fully assimilate to the state, provide more and better services to the growing number of immigrants living in Illinois, and to study the impact of immigration policy on the state."
- In 2008, the governor of Massachusetts signed an executive order launching the New Americans Agenda for Massachusetts. The agenda directs state agencies and community organizations "to develop and deliver a series of policy recommendations that emphasize the positive integration of these communities into the economic and civic life of the Commonwealth."
Enforcement
- In 2010, Arizona passed a broad immigration enforcement law, S.B. 1070, which required police to inquire about immigration status during any lawful stop or arrest; made it a misdemeanor to fail to carry proper immigration documents; and made it unlawful to transport, move, conceal, harbor, or shield unauthorized immigrants. Several other states passed similar laws.
Public benefits
- Approximately half of the states and the District of Columbia expanded health care coverage to include certain immigrant women and/or children.
- More than 10 states passed laws that allow eligible students to pay in-state tuition rates at public postsecondary institutions, regardless of immigration status.
Employment
- In 2007, the Legal Arizona Workers Act became law, allowing the state to rescind the business licenses of employers who hire unauthorized workers.
Select federal action, 2000-10
Homeland Security Act of 2002
- Moved many of the immigration functions of the U.S. government from the Immigration and Naturalization Service of the Department of Justice to the newly created Department of Homeland Security.
- Created three agencies within the Department of Homeland Security: Customs and Border Protection, Immigration and Customs Enforcement, and U.S. Citizenship and Immigration Services.
Enhanced Border Security and Visa Entry Reform Act of 2002
- Implemented new procedures to review visa applications and required that travel and entry documents be machine-readable and tamper-resistant and include biometric identifiers.
REAL ID Act of 2005
- Created national standards for driver's licenses. Only licenses that meet the requirements can be accepted as a federal form of identification for certain official purposes, such as boarding an airplane.
- Provided that certain noncitizens, excluding unauthorized immigrants, are eligible for REAL ID-compliant licenses. States may choose to issue licenses or other documentation that would allow eligible unauthorized immigrants to drive but could not be used as a federal form of identification.
Secure Fence Act of 2006
- Authorized hundreds of additional miles of fencing along the U.S.-Mexico border.
Health care
- In 2002, a regulatory amendment to the State Children's Health Insurance Program gave states the option to provide prenatal coverage regardless of the immigration status of the mother.
- In 2009, the Immigrant Children's Health Improvement Act gave states the option to restore Medicaid for legal immigrant children and pregnant women without a five-year waiting period.
Secure Communities Program, launched 2008
- Created to help identify noncitizens in U.S. jails who are deportable under immigration law. Arrestees' fingerprints are submitted to the federal government and checked against immigration databases.
The foreign-born population in 2010
Total foreign-born population
- 40 million people, or 12.9 percent of the total U.S. population, were foreign-born, up from 31.1 million (11.1 percent) in 2000.
- Grew 10 percent or more in all states and the District of Columbia from 2000 to 2010. During the decade, the foreign-born population increased in Alabama from 2.0 percent to 3.5 percent of the state population and in South Carolina from 2.9 percent to 4.7 percent.
Unauthorized population
- Reached 12.2 million people nationwide in 2007 and then declined to 11.4 million, or 3.7 percent of the total U.S. population, by 2010.
- In 2010, 55.7 percent of unauthorized immigrants lived in five states: California, New York, Texas, Illinois, and Florida, down from 61.9 percent in 2000; 21.9 percent lived in California in 2010, compared with 26.2 percent in 2000.
- Unauthorized immigrants made up at least 2 percent of the total population of 28 states and the District of Columbia.
Select state action, 2000-10
Driver's licenses
- In 2003, New Mexico began accepting tax identification numbers to obtain driver's licenses. In 2005, Utah passed legislation allowing unauthorized immigrants to receive one-year driving privilege cards.
Integration
- In 2005, the governor of Illinois created by executive order the Illinois Office of New Americans, with the mission to "coordinate policies and programs to help newcomers fully assimilate to the state, provide more and better services to the growing number of immigrants living in Illinois, and to study the impact of immigration policy on the state."
- In 2008, the governor of Massachusetts signed an executive order launching the New Americans Agenda for Massachusetts. The agenda directs state agencies and community organizations "to develop and deliver a series of policy recommendations that emphasize the positive integration of these communities into the economic and civic life of the Commonwealth."
Enforcement
- In 2010, Arizona passed a broad immigration enforcement law, S.B. 1070, which required police to inquire about immigration status during any lawful stop or arrest; made it a misdemeanor to fail to carry proper immigration documents; and made it unlawful to transport, move, conceal, harbor, or shield unauthorized immigrants. Several other states passed similar laws.
Public benefits
- Approximately half of the states and the District of Columbia expanded health care coverage to include certain immigrant women and/or children.
- More than 10 states passed laws that allow eligible students to pay in-state tuition rates at public postsecondary institutions, regardless of immigration status.
Employment
- In 2007, the Legal Arizona Workers Act became law, allowing the state to rescind the business licenses of employers who hire unauthorized workers.
Select federal action, 2000-10
Homeland Security Act of 2002
- Moved many of the immigration functions of the U.S. government from the Immigration and Naturalization Service of the Department of Justice to the newly created Department of Homeland Security.
- Created three agencies within the Department of Homeland Security: Customs and Border Protection, Immigration and Customs Enforcement, and U.S. Citizenship and Immigration Services.
Enhanced Border Security and Visa Entry Reform Act of 2002
- Implemented new procedures to review visa applications and required that travel and entry documents be machine-readable and tamper-resistant and include biometric identifiers.
REAL ID Act of 2005
- Created national standards for driver's licenses. Only licenses that meet the requirements can be accepted as a federal form of identification for certain official purposes, such as boarding an airplane.
- Provided that certain noncitizens, excluding unauthorized immigrants, are eligible for REAL ID-compliant licenses. States may choose to issue licenses or other documentation that would allow eligible unauthorized immigrants to drive but could not be used as a federal form of identification.
Secure Fence Act of 2006
- Authorized hundreds of additional miles of fencing along the U.S.-Mexico border.
Health care
- In 2002, a regulatory amendment to the State Children's Health Insurance Program gave states the option to provide prenatal coverage regardless of the immigration status of the mother.
- In 2009, the Immigrant Children's Health Improvement Act gave states the option to restore Medicaid for legal immigrant children and pregnant women without a five-year waiting period.
Secure Communities Program, launched 2008
- Created to help identify noncitizens in U.S. jails who are deportable under immigration law. Arrestees' fingerprints are submitted to the federal government and checked against immigration databases.
Foreign-born Residents as a Percentage of State Population
Note:
Not adjusted for unauthorized immigrants not counted in the ACS
Source: American Community Survey (ACS) 1-year estimates.
Unauthorized Immigrants as a Percentage of State Population
Note:
Adjusted for unauthorized immigrants not counted in the census, ACS, or the March Supplement to the Current Population Survey
Source: Jeffrey Passel and D'Vera Cohn, "Unauthorized Immigrant Totals Rise in 7 States, Fall in 14," Pew Research Center's Hispanic Trends Project (2014), http://www.pewhispanic.org/files/2014/11/2014-11-18_unauthorized-immigration.pdf
The foreign-born population in 2012
Total foreign-born population
- Increased to 40.8 million, or 13.0 percent of the U.S. population, in 2012, slightly higher than in 2010, when it was 40 million (12.9 percent).
Unauthorized population
- The unauthorized population was 11.2 million in 2012, or 3.6 percent of the total U.S. population, essentially unchanged from 11.4 million in 2010.
- As of 2012, 56.3 percent of unauthorized immigrants lived in five states (California, Florida, New Jersey, New York, and Texas), with 21.9 percent residing in California. The number of unauthorized immigrants in New Jersey surpassed that of Illinois, making it one of the five states with the highest unauthorized population.
- Unauthorized immigrants made up at least 2 percent of the total population in 30 states and the District of Columbia.
- From 2010 to 2012, the unauthorized population fell in 19 states, including Alabama, Arizona, California, Illinois, and New York.
Select state action, 2010-15
Driver's licenses
- By 2012, 30 states explicitly required proof of lawful immigration presence for a person to receive a driver's license, and 18 other states had eligibility requirements that effectively excluded unauthorized immigrants. Only New Mexico and Washington allowed immigrants to obtain licenses regardless of immigration status, and Utah offered a driving privilege card to those who could not prove legal presence.
- In 2013, seven states (California, Colorado, Connecticut, Illinois, Maryland, Nevada, and Vermont) and the District of Columbia passed legislation permitting unauthorized immigrants to obtain driver's licenses. (Oregon repealed its law allowing unauthorized immigrants to obtain licenses in 2014.)
- In June 2015, Delaware and Hawaii enacted similar laws.
- Other states passed laws or clarified policies regarding driver's license eligibility for beneficiaries of the Deferred Action for Childhood Arrival program, a federal initiative that temporarily suspends the deportation of certain people residing unlawfully in the United States who were brought here as children, graduated from U.S. schools, and meet other eligibility criteria.
Integration
- In January 2014, the Michigan Office for New Americans was created by executive order. The office is intended to help "grow Michigan's economy by attracting global talent to our state and promote the skills, energy, and entrepreneurial spirit of our immigrant communities."
- New York created the Office for New Americans in the 2012-13 state budget. The office was codified in state law in August 2014. Its goal is to help immigrants fully participate in civic and economic life.
Select federal action, 2010-15
Deferred Action for Childhood Arrivals (DACA), June 2012
- The Department of Homeland Security implemented an initiative to temporarily suspend the deportation of certain people residing unlawfully in the United States who were brought to this country as children, graduated from U.S. schools, and meet other eligibility criteria.
Enforcement
- In 2011, the Secure Communities Program was made mandatory for all jurisdictions.
Executive actions, November 2014
- The president announced several initiatives to be undertaken by the executive branch, including:
- An expansion of the 2012 DACA program and the creation of Deferred Action for Parents of Americans and Lawful Permanent Residents, which allows certain unauthorized immigrants who have U.S. citizen or legal permanent resident children to avoid deportation.
- Changes to the federal government's immigration enforcement priorities and the replacement of the Secure Communities Program with the new Priority Enforcement Program, through which information from local law enforcement agencies is shared with federal immigration authorities.
- A plan to coordinate with state and local governments to promote integration of all immigrants and, for lawful permanent residents, eventual U.S. citizenship.
- A plan to consult with state and local business and labor leaders, public officials, and others to develop recommendations to streamline and improve the legal immigration system.
Supreme Court decisions
- Whiting v. Chamber of Commerce (2011) found that Arizona's 2007 law penalizing employers who hired unauthorized immigrants was not preempted by federal law and could be enforced.
- Arizona v. United States (2012) struck down three provisions of Arizona's S.B. 1070 that conflicted with federal law. The court left a fourth provision open to future legal challenges.
The foreign-born population in 2012
Total foreign-born population
- Increased to 40.8 million, or 13.0 percent of the U.S. population, in 2012, slightly higher than in 2010, when it was 40 million (12.9 percent).
Unauthorized population
- The unauthorized population was 11.2 million in 2012, or 3.6 percent of the total U.S. population, essentially unchanged from 11.4 million in 2010.
- As of 2012, 56.3 percent of unauthorized immigrants lived in five states (California, Florida, New Jersey, New York, and Texas), with 21.9 percent residing in California. The number of unauthorized immigrants in New Jersey surpassed that of Illinois, making it one of the five states with the highest unauthorized population.
- Unauthorized immigrants made up at least 2 percent of the total population in 30 states and the District of Columbia.
- From 2010 to 2012, the unauthorized population fell in 19 states, including Alabama, Arizona, California, Illinois, and New York.
Select state action, 2010-15
Driver's licenses
- By 2012, 30 states explicitly required proof of lawful immigration presence for a person to receive a driver's license, and 18 other states had eligibility requirements that effectively excluded unauthorized immigrants. Only New Mexico and Washington allowed immigrants to obtain licenses regardless of immigration status, and Utah offered a driving privilege card to those who could not prove legal presence.
- In 2013, seven states (California, Colorado, Connecticut, Illinois, Maryland, Nevada, and Vermont) and the District of Columbia passed legislation permitting unauthorized immigrants to obtain driver's licenses. (Oregon repealed its law allowing unauthorized immigrants to obtain licenses in 2014.)
- In April 2015, Hawaii's legislature passed a similar law.
- Other states passed laws or clarified policies regarding driver's license eligibility for beneficiaries of the Deferred Action for Childhood Arrival program, a federal initiative that temporarily suspends the deportation of certain people residing unlawfully in the United States who were brought here as children, graduated from U.S. schools, and meet other eligibility criteria.
Integration
- In January 2014, the Michigan Office for New Americans was created by executive order. The office is intended to help "grow Michigan's economy by attracting global talent to our state and promote the skills, energy, and entrepreneurial spirit of our immigrant communities."
- New York created the Office for New Americans in the 2012-13 state budget. The office was codified in state law in August 2014. Its goal is to help immigrants fully participate in civic and economic life.
Select federal action, 2010-15
Deferred Action for Childhood Arrivals (DACA), June 2012
- The Department of Homeland Security implemented an initiative to temporarily suspend the deportation of certain people residing unlawfully in the United States who were brought to this country as children, graduated from U.S. schools, and meet other eligibility criteria.
Enforcement
- In 2011, the Secure Communities Program was made mandatory for all jurisdictions.
Executive actions, November 2014
- The president announced several initiatives to be undertaken by the executive branch, including:
- An expansion of the 2012 DACA program and the creation of Deferred Action for Parents of Americans and Lawful Permanent Residents, which allows certain unauthorized immigrants who have U.S. citizen or legal permanent resident children to avoid deportation.
- Changes to the federal government's immigration enforcement priorities and the replacement of the Secure Communities Program with the new Priority Enforcement Program, through which information from local law enforcement agencies is shared with federal immigration authorities.
- A plan to coordinate with state and local governments to promote integration of all immigrants and, for lawful permanent residents, eventual U.S. citizenship.
- A plan to consult with state and local business and labor leaders, public officials, and others to develop recommendations to streamline and improve the legal immigration system.
Supreme Court decisions
- Whiting v. Chamber of Commerce (2011) found that Arizona's 2007 law penalizing employers who hired unauthorized immigrants was not preempted by federal law and could be enforced.
- Arizona v. United States (2012) struck down three provisions of Arizona's S.B. 1070 that conflicted with federal law. The court left a fourth provision open to future legal challenges.
Receive our best conservation research bi-weekly—stunning photos, wins, and action alerts.
Exclusive state-policy research, infographics, and stats every two weeks.
RELATED
ADDITIONAL RESOURCES
Sign up for the Rundown newsletter: our top survey results, research, and recommendations.