Many people thought that after Trump was out of office, much of the xenophobia we’ve been seeing would go away or at least dwindle down. Those who knew better knew that Trump was only the beginning of this new wave of conservatives taking over political positions. While Trump’s racist policies were not the first racist laws this country has seen, they did encourage the far right to pass more conservative legislation. We see this effect all over the country but especially in Texas, Florida, and Arizona.
Texas
Texas has been in the spotlight regarding the migrant crisis for its inhumane treatment of migrants. Among bussing migrants out of the state, they also aim to pass anti-immigrant legislation that results in arbitrary enforcement.
If passed House Bill 7 would
- Create a state border police force
- Make it a state crime for migrants to enter the state anywhere but a port of entry
- Create a mandatory 10-year minimum sentence for human smugglers
- Dedicate $100 million for new detention centers, courts, security and economic development projects for border communities
This current bill is only the latest move Texas has made in an effort to curtail migrants coming into the state but it is also another way to give racist law enforcement power to stop anyone who looks Latine. In 2021, Governor Abbott sent state troopers to border counties to arrest people suspected of crossing the border illegally. This led to thousands of migrants being sent to Texas prisons on low-level charges, usually after being caught on rail cars or walking across privately owned land near the border. Most recently, Texas has installed buoys with sharp razors in the Rio Grande to deter people from crossing. So far two bodies have already been found stuck in the buoys.
Today, Texas’ actions have impacted major cities all over the country as they scramble to accommodate thousands of incoming migrants. Conservative leaders praise Abbott for fighting back against “lenient” immigration laws, but the reality is that both parties are failing to address the current migrant crisis. Republicans and Democrats are both creating legislation that leaves migrants in vulnerable positions or that only further exacerbates anti-immigrant sentiment in the U.S.
Florida
On July 1, 2023 Florida implemented the highly controversial anti-immigrant Senate Bill 1718. The Florida law
- Limits social services for undocumented immigrants
- Allocates millions to Governor DeSantis’ migrant relocation program
- Invalidates driver’s license
- Requires hospitals that get Medicaid funding to ask patients for their immigration status
- Requires private employers with 25 or more employees to use E-Verify, the federal online database that employers can use to confirm employment eligibility in the U.S.
- States that a person who transports into Florida someone they know (or should have known) is an immigrant and who has not been “inspected” by authorities could be charged with a felony for human smuggling
As one can imagine, this has Florida residents and people all over the country fearing for their safety and that of their family members. Especially when you remember that Desantis is planning to run for the upcoming 2024 presidential election. The highly vague language in the new law makes it all the more dangerous, particularly to those who come from mixed status families. According to the Florida Policy Institute, there are 130,000 U.S. citizens in Florida who are married to undocumented immigrants. So does this mean that a husband/wife traveling to Florida with an undocumented spouse could be charged with a felony for bringing their spouse into the state? According to the American Immigration Lawyers Association, the law does not criminalize this nor living with, sheltering, or renting space to family, friends, or other individuals who are undocumented; concealing, harboring, or shielding from detection undocumented individuals; or transporting undocumented individuals within the state. Furthermore, although hospitals are required to ask about a patient’s legal status, a caveat on forms is required to state that their response will not affect their care or result in a report to immigration authorities. Patients can also choose an option that states decline to answer.
Legislators say this law is meant to curb incoming migration to the state while also fight back against more forgiving immigration legislation. However, it has only made residents fear for their lives resulting in mass amounts of people to flee the state and also boycott Florida products. People outside of Florida are calling to boycott Florida oranges, truckers are encouraging others not to deliver products into the state, and there have also been talks of a labor strike against this legislation. Without undocumented workers, the state’s most labor-intensive industries could “lose 10% of their workers and the wages they contribute”. This could mean a drop of $12.6 billion in Florida’s GDP in just one year and further lead to a cut in people spending thus reducing state and local tax revenue (The Florida Policy Institute).
@gilbertoalvolante May 16th update. No workers in Florida.
Once seeing the blows to their economy, Florida legislators are urging people to come back to work stating that the law was only meant to scare and not actually drive people away. As of July 18, the American Immigration Council has filed a lawsuit against the state of Florida for this unconstitutional law.
Arizona
While Texas and Florida are currently in the spotlight, Arizona is not far behind them. Before leaving office, ex-Governor Ducey created an illegal makeshift border wall made out of shipping containers as a way to prevent migration into the state. Not only was this makeshift wall ineffective but it would end up harming local wildlife and only bring more legal and financial trouble to the state.
Many people might also remember Arizona’s infamous “Show me your papers” law which allowed law enforcement to ask people for legal documentation if stopped. If caught without documentation, it would give police the power to arrest on a misdemeanor charge. Arizona also passed E-Verify mandates in 2008 but according to the CATO Institute the mandate was heavily ignored. The mandate stated that two-time law offenders could permanently lose their employer’s license at their business location before being shut down for good. However as of 2015, prosecutors had only charged three businesses according to the CATO study. The study’s results also showed that E-Verify doesn’t deter unlawful employment nor immigration due to the fact that many undocumented people work under the table or by using a real social security number of someone who has already passed away.
Conclusion
Texas, Florida, and Arizona are only the latest states to make headlines regarding xenophobic laws but it is only a matter of time before other states follow or they set an example for federal law. Already Biden has broken his promise to the immigrant community by continuing Trump-era policies, abruptly ending Title 42 without proper guidance and failing to pressure Congress to pass comprehensive immigration legislation. Along with rising anti-immigrant sentiment we are also seeing the Supreme Court turn extremely conservative. So far the court has overturned Roe v. Wade, allowed businesses to discriminate against LGBT+ customers, and ended affirmative action. Soon the court will hear a case regarding the legality of DACA which has left many people anxious when considering their current track record. While there has been an increase of conservative laws and rulings, the people continue to fight back and must continue in order to protect our rights. If we let politicians believe they have all the power our lives are all at risk. Only by organizing and demonstrating against these conservative states can we take back our power and demand protections for all.
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