Immigration Reform 2013: California Leads the Way in Immigration Reform

Although the Senate-passed immigration reform bill stalled in the House this year, immigration advocates are looking to 2014 as the year to pass comprehensive reform.

While many House GOP members are opposed to such legislation, a nationwide shift in immigration policy indicates the House may give in to majority opinion.

A number of states, led by California, are reforming their immigration policies. California Gov. Jerry Brown signed new laws expanding immigrants' access to education, work and transportation, as MSNBC reports. 

"The year 2013 was a complete reversal on this issue," said Muzaffar Chishti, who researches states' immigration policies as director of the Migration Policy Institute's office at New York University. "In many ways, you could say California has become the anti-Arizona."

Beginning in 2014, California will allow undocumented immigrants to obtain drivers licenses, allowing them to drive and get auto insurance without fear of being deported.

Illinois, Colorado, Maryland, Connecticut, Oregon, and the District of Columbia passed similar legislation in 2013. Previously, only New Mexico, Washington and Utah offered such licenses.

The congressional gridlock has forced states to pass such laws that enhance immigrants' rights.

"It forces states like California, which has the largest undocumented immigrant population, to look at what they can do at their level to improve the lives of immigrants," said California assemblyman Luis Allejo, who authored the license bill. "The drivers license bill is a perfect example: it helps undocumented immigrants go to work, take their kids to school, go to church."

The drivers license bill will also allow immigrants to have a valid form of identification. Without a valid ID, immigrants cannot open a bank account or sign a lease.

Due to this issue, Oakland and San Francisco have offered municipal ID cards at the local level. Los Angeles is also considering issuing ID cards to undocumented immigrants.

More cities are considering the measure to encourage undocumented workers to deposit their money. The Oakland IDs, for example, have a built-in checking account that can be used as a debit card. This will try to combat muggers from preying on immigrants, who are often targeted because it's assumed they carry cash and will not report crimes.

However, due to the federal REAL ID Act, which was passed in 2005, states must verify an applicant's legal status before issuing federally recognized identification. Therefore, the California cards will look different from other IDs and have fewer uses. For example, an undocumented immigrant with the non-federal ID cannot board a plane.

California is also leading the move to stop the large number of deportations. California recently passed AB 4, or the TRUST Act, a law that curbs deportations by limiting "immigration holds" in local jails. The ICE detains immigrants in local jails for extra time solely for deportation purposes, which is considered both costly and cruel by immigration advocates. The law ensures that people with low-level, non-violent offenses cannot be held for extra time. 

"There are hundreds, if not more, stories of mothers, fathers, workers with family members ending up in deportation proceedings," said Reshma Shamasunder, executive director of the California Immigrant Policy Center. "The biggest impact the TRUST Act will have is protecting these types of immigrants from starting with a casual confrontation with law enforcement and ending up with their family torn apart."

This year, California also passed a bill to protect domestic aids such as nannies, housekeepers and home aids, of whom a large number are undocumented immigrants. Under California's Domestic Workers Bill of Rights, the workers are eligible for overtime pay.

Texas has also passed laws ensuring more protections for workers in the construction industry, which has a large immigrant workforce.

In addition, California passed a law that makes it more difficult for employers to check immigration statuses. A 2011 law precludes local governments from requiring private businesses to run new hires through E-Verify, a federal program that verifies workers' legal statuses.

Also, California grants in-state tuition to residents, regardless of immigration status.

More states are shifting in the direction of California, which could soon translate to a shift in federal immigration policies.