The Basics of Immigration Law by States: Rights and Responsibilities

Immigration law in the United States is mainly regulated by federal statutes, but individual states influence how these laws are implemented within their jurisdictions. While some states implement policies that restrict immigrant rights and increase enforcement efforts, others prioritize protections and access to essential services. This divergence has led to legal disputes, economic challenges, and varying experiences for immigrant communities across the country. 

Therefore, it is important to examine immigration laws in some states to gain insight into the evolving landscape of immigration policy and its significant effects on individuals, businesses, and law enforcement.

State-Level Immigration Laws: Rights and Responsibilities

Immigration enforcement varies widely across U.S. states, shaped by political priorities, economic demands, and local policies. Let us examine how immigration laws are implemented across various states and the effects they have on residents and communities.

Florida Immigration Law

Governor Ron DeSantis recently signed Senate Bills 2-C (SB 2-C) and 4-C (SB 4-C) into law, establishing strict immigration policies that expand the state’s enforcement authority, prohibit sanctuary policies, mandate full compliance with U.S. Immigration and Customs Enforcement (ICE), and establish a State Board of Immigration Enforcement to oversee local agencies. 

Additionally, entering Florida without authorization is now considered a criminal offense, with a first violation classified as a misdemeanor and subsequent offenses as felonies. Undocumented immigrants convicted of capital offenses, such as first-degree murder or the sexual abuse of minors, are subject to a mandatory death sentence. Those affiliated with gangs are subject to strict mandatory minimum sentences, while early parole is prohibited for certain offenses.

Furthermore, there are strict employment verification laws, requiring private employers with at least 25 employees to use the E-Verify system to confirm work authorization, with non-compliance resulting in steep fines and possible business license suspensions. The law also restricts access to higher education by revoking in-state tuition benefits for undocumented students, including those protected under the Deferred Action for Childhood Arrivals (DACA) program. Additionally, the state has banned the issuance of driver’s licenses to undocumented immigrants and no longer recognizes out-of-state licenses granted to noncitizens without legal status.

Texas Immigration Law

In 2017, Texas passed Senate Bill 4 (SB 4), which prohibits local governments and certain higher education campus police departments from adopting policies that restrict immigration enforcement. This law effectively bans "sanctuary cities" and mandates full cooperation with federal immigration authorities. In 2021, Governor Greg Abbott launched Operation Lone Star, a state-led initiative deploying law enforcement to the Texas-Mexico border to curb unauthorized migration. With over $11 billion invested, the program has improved border security efforts and intensified the state’s role in immigration enforcement. 

In 2023, a separate Senate Bill 4 was approved, granting state and local police the authority to arrest individuals for crossing the border illegally. However, the law has faced legal challenges from the U.S. Justice Department and immigration advocacy groups, delaying its implementation as it undergoes federal court review. Most recently, the Pentagon deployed the USS Gravely to the Gulf Coast near the Texas-Mexico border to combat drug cartels and support border enforcement.

Georgia Immigration Law

Georgia has long maintained a firm stance on immigration enforcement, implementing policies that mandate employment verification, restrictions on public services, and cooperation with federal immigration authorities.

The Georgia Security and Immigration Compliance Act (GSICA), enacted in 2006, requires public employers and their contractors to verify the work eligibility of employees through the federal E-Verify system. In 2025, the Georgia Senate passed Senate Bill 21, which permits legal action against local officials in "sanctuary cities." The law holds officials civilly liable for crimes committed by undocumented immigrants, discouraging policies that limit cooperation with federal authorities. Furthermore, the state prohibits undocumented immigrants, including DACA recipients, from enrolling in certain public universities and denies them driver’s licenses. 

Georgia’s strict immigration enforcement has had profound consequences for its immigrants. The state ranks third in immigrant detentions, contributing to high incarceration rates and widespread community distress. Policies like Senate Bill 21 have raised concerns about racial profiling, diminished trust between immigrants and law enforcement, and the reluctance of noncitizen crime victims to seek help. Similarly, the introduction of bills like House Bill 1105 has fueled fears of increased discrimination and misinformation, further marginalizing immigrant populations.

Despite these barriers, immigrants retain key rights. They can refuse searches, remain silent during law enforcement encounters, and consult an attorney if detained by ICE, though they are not entitled to a government-appointed lawyer.

California Immigration Law

California has implemented robust protections for undocumented residents, expanding access to healthcare, and upholding sanctuary laws that limit state cooperation with federal immigration enforcement.

The California Values Act (Senate Bill 54), enacted in 2017, solidified the state’s sanctuary status by limiting cooperation between local law enforcement and federal immigration authorities, except in cases involving serious or violent crimes. The state has also expanded healthcare access to all residents, regardless of immigration status. As of January 1, 2024, Medi-Cal, the state’s Medicaid program, now covers all low-income adults, including undocumented immigrants.

Furthermore, it prioritizes protections for immigrant workers. The Immigrant Worker Protection Act (Assembly Bill 450) prohibits employers from granting immigration agents access to nonpublic areas or employee records without a warrant or subpoena. In addition to legislative protections, the office of the California Attorney General actively educates immigrants about their rights, emphasizing access to emergency medical care and legal representation. These efforts empower communities with the knowledge needed to navigate interactions with law enforcement and public institutions.

Arizona Immigration Law

Arizona has long been at the center of national immigration debates, notably since the enactment of Senate Bill 1070 (SB 1070) in 2010. The Support Our Law Enforcement and Safe Neighborhoods Actgranted local law enforcement the authority to question individuals about their immigration status during lawful stops, detentions, or arrests if there was "reasonable suspicion" of unlawful presence in the United States. Furthermore, it established that failing to carry immigration documents would be considered a state misdemeanor and barred local officials from restricting the enforcement of federal immigration laws.

Arizona has recently maintained its rigorous immigration enforcement. In November 2024, voters adopted legislation that increased state and local police enforcement's capacity to enforce federal immigration laws.  Proponents argue that these regulations maintain the rule of law and inhibit unauthorized immigration. Critics worry that they may deepen distrust between immigrant communities and law enforcement, discouraging crime reporting and cooperation with investigations.

New York Immigration Law

New York has positioned itself as one of the most immigrant-friendly states, implementing rules that ensure equal access to education, healthcare, and labor rights, regardless of immigration status. These initiatives reflect the state’s commitment to inclusivity, allowing immigrants to live and work without fear of prejudice or legal barriers.

Education is a key pillar of the state’s immigrant protections. The State Attorney General’s Office affirms that all students, irrespective of their immigration status, have the right to a free public education. Schools are encouraged to create a welcoming atmosphere that protects students from discrimination and fears of deportation. Also, healthcare is available to all residents, regardless of immigration status. Public hospitals and health clinics offer multilingual services and do not require immigration status disclosure, ensuring that immigrants can seek medical care without fear of legal consequences.

Employment protections extend to immigrant workers, reinforcing their right to fair wages, safe conditions, and protection from exploitation. The Department of Consumer and Worker Protection provides resources to help workers report violations and access legal support.

To further integrate immigrant communities, the state offers IDNYC, a municipal identification card available to all residents, including undocumented immigrants. This ID facilitates access to city services, financial institutions, and public buildings. Additionally, the State Attorney General’s Office actively defends immigrant rights by investigating discrimination, labor violations, and harassment, ensuring that all people are treated equally under the law.

State-Level Immigration Policies: Challenges and Controversies

State-level immigration policies in the United States are complex, often prompting legal battles and policy debates. With states adopting different approaches, immigration laws vary widely, creating challenges for both immigrant communities and local governments. The tension between state and federal policies has led to conflicts over enforcement, rights, and responsibilities, shaping the broader immigration landscape.

Tension Between State and Federal Laws

The Supremacy Clause of the United States Constitution empowers the federal government to regulate immigration. However, states like Texas and Georgia have implemented stringent immigration laws that sometimes clash with federal policies, leading to legal disputes. For example, Texas’s Senate Bill 4 (SB 4) sought to penalize local officials who refused to cooperate with federal immigration authorities. The Department of Justice challenged the law, claiming that it attempted to regulate immigration enforcement, which is a federal prerogative. Such conflicts often result in lawsuits and necessitate judicial intervention to define the limits of state and federal power.

Sanctuary Policies vs. Stricter Enforcement

Immigration policy in the United States varies greatly, with some states establishing sanctuary policies and others requiring full collaboration with federal authorities. Sanctuary counties, like California, limit cooperation with immigration enforcement, claiming that such measures foster trust and boost public safety. 

In contrast, Texas and Arizona mandate local cooperation, emphasizing the need to uphold immigration laws. These contrasting approaches have varying effects on community relations, public safety, and the daily lives of immigrants. 

The interplay between state and federal immigration policies continues to evolve, reflecting broader debates about national identity, public safety, and human rights. The challenges and controversies arising from these differing approaches underscore the importance of ongoing dialogue and legal clarity in navigating the complexities of immigration policy in the U.S.

The Role of State Governments in Shaping Immigration

State governments play a crucial role in defining immigration enforcement, using local policies, law enforcement training, and state-led initiatives to influence how immigration laws are applied.

Some states adopt "sanctuary" policies to limit local law enforcement’s cooperation with federal immigration authorities, aiming to build trust within immigrant communities. For example, the Bay City Commission in Michigan recently passed a resolution prohibiting officers from questioning individuals solely about their immigration status. On the other hand, states such as Georgia adopt a more stringent stance, making it a felony for local lawmakers to support sanctuary policies, effectively mandating local cooperation with federal immigration enforcement.

The 287(g) program further illustrates this divide. Through formal agreements with U.S. Immigration and Customs Enforcement (ICE), selected state and local officers receive federal authority to enforce immigration laws. As of December 2024, 135 agencies across 21 states participated in this program. While supporters argue it strengthens immigration enforcement, critics warn that it erodes community trust and diverts resources from local priorities.

States also implement their initiatives to tackle immigration enforcement. Texas’s Operation Lone Star deployed state law enforcement to curb border crossings. Following a report of decreased crossings, the program shifted its focus to tackling border-related crimes within the state.

Ultimately, state governments influence immigration enforcement through a wide range of policies, reflecting different priorities. The ongoing debate underscores the difficulty of finding the right balance between security, community trust, and resource management in the implementation of immigration policy.

The Economic Impact of State-Specific Immigration Laws

Immigrants are vital to the economies of states like Texas, Florida, and California, particularly in industries such as agriculture, construction, and hospitality. In Texas, they contribute billions in earnings and taxes, driving entrepreneurship and employment in key sectors. Florida’s agricultural and construction sectors also rely heavily on immigrant labor, while California’s vast farming industry depends on immigrants to maintain its role as a national food supplier.

However, restrictive immigration laws in these states can lead to labor shortages, disrupting industries that depend on immigrant workers. Business leaders and advocacy groups have warned that policies limiting immigrant participation could negatively impact economic growth, particularly in agriculture and construction. While proponents argue that stricter enforcement protects local jobs, critics highlight the economic risks of restricting a workforce vital to these industries.

Balancing State and Federal Immigration Regulations Continues To Be a Challenge

State-specific immigration laws significantly influence the lives of immigrants, shaping their access to employment, education, healthcare, and legal protections. While enforcement-heavy states like Florida, Texas, and Georgia emphasize strict compliance with federal immigration policies, others like California and New York have enacted measures to protect immigrant communities. This variation highlights the ongoing tension between state and federal authority over immigration enforcement. As debates continue, finding a balance between upholding state autonomy and maintaining a fair, consistent national immigration framework remains a crucial challenge for policymakers.