Mississippi Should Not Enact Any New Immigration Legislation

The Mississippi State Legislature is currently in session. There have been at least three bills introduced in the State Senate and referred to committee, that seek to regulate immigration issues to some extent. These bills are most similar to the Arizona immigration statutes in that they require state and local law enforcement officers to determine the lawful status of persons, who are encountered in the course of police activities, and where there is "reasonable suspicion" that the person is either an alien or is unlawfully present. Another bill provides that an alien who possesses a false drivers license of identity document is guilty of a felony and the law would prescribe a 10 year prison sentence. This is a terribly harsh penalty, since many of these undocumented persons are married to U.S. citizens, are parents of U.S. citizen children and are trying to stay employed in order to support their families.

There are several reasons why the Mississippi State Legislature should refrain from passing any immigration related laws during the current year. The U.S. Supreme Court has announced that in April, it will hear the cases relating to Arizona's immigration laws, and the Court will consider the fundamental question of whether a State can regulate in the area of immigration, or whether the whole subject matter is controlled and preempted by federal law. It makes no sense for Mississippi to become entangled in this costly litigation, when it could simply wait one year to be sure of the exact scope of its authority in this field. Further, it is now clear that the Arizona and Alabama efforts to regulate immigration have severely damaged the business environments of these states. Last, but not least, these state immigration laws have a dreadful humanitarian and human rights impact on vast segments of our population, including U.S. citizens, lawful permanent residents as well as undocumented aliens.

The Mississippi State Legislature would be wise to simply refrain from any action during the current legislative session, to await the outcome of the U.S. Supreme Court decision. In any event, the public interest of the State would be well served if the Legislature stayed out of the business of regulating immigration.