With uncertainty surrounding immigration reform at the federal level, a growing number of immigration reform proposals are being made at the state level, many of which borrow measures from Arizona’s controversial SB 1070. Examples of recent immigration enforcement proposals include:

• A group of Republican lawmakers in Colorado, some of whom traveled to Arizona to learn more about its approach to immigration legislation, are discussing what should be included in immigration-related bills to be introduced in early 2011. One bill is expected to require Colorado employers to use E-Verify.
• In Florida, a senator has introduced a bill that would allow law enforcement officers—during a lawful detention or arrest—to ask for immigration documents if the officer suspects the detainee may be in the country illegally. The bill prohibits officers from using race as a reason for checking the detainee’s documentation.
• In Nevada, an assembly member has asked the state’s Legislative Counsel Bureau to draft a bill based on Arizona’s SB 1070; another assembly member has requested a bill requiring state employers to use E-Verify.
• Two senators in South Dakota are drafting a bill that would prohibit providing transportation or lodging to an individual known to be in the United States illegally. The bill also would prohibit illegal immigrants from asking for employment.
• In California, proponents of an SB 1070-style initiative have started collecting signatures in an effort to put the initiative on the February or June 2012 ballot.

Although Arizona’s SB 1070 is the model for various immigration enforcement proposals in other states, the legality of SB 1070 is currently the subject of a challenge pending before the federal Ninth Circuit Court of Appeals. Also, a recent report estimated that business boycotts of Arizona due to SB 1070 have cost the state as much as $141 million in revenue. Accordingly, it will not be surprising if other states, after considering the costs associated with enacting Arizona-style legislation, decline to take that path.

In addition, not all states are eager to expand their role in enforcing immigration laws. As reported by The Seattle Times, Washington state has declined to sign an agreement to participate in a federal program, Secure Communities, under which fingerprints of jailed individuals are checked against a national immigration database. Moreover, officials in two California cities (including San Francisco) have inquired into opting out of the program. The Secure Communities program has been implemented in 788 jurisdictions across 34 states.