As Congress is not likely to address immigration in a meaningful way during this 2008 election year, expect to see more states and localities enact laws in an attempt to address the immigration issues they are facing. NAA first identified this issue in early 2006 when activists in San Bernardino, Calif., attempted to place a question before the voters on whether it should be illegal to rent to undocumented immigrants. Since then, other municipalities have gone on to adopt or consider similar ordinances and the issue has grown even further to include harsh penalties - including revocation of business licenses or heavy fines - for those that employ illegal immigrants. During 2007, state legislatures plunged headfirst into this arena, passing a patchwork of laws to address perceived problems related to immigrants and often creating conflicting situations for business owners operating in multiple states. For example, Arizona passed a law effective Jan. 1 that requires all employers in the state to use the federal E-Verify program, while Illinois passed a law to prohibit employers from enrolling in any employment eligibility verification system created by the federal government, including E-Verify, until the error rate is corrected and the turn-around time is improved. Additionally, California passed legislation to prohibit multifamily property owners/managers from asking residents about their immigration status. While the multi-housing community has cheered this legislation, local officials from around the country wishing to enact legislation to require multifamily property owners/managers to ask for residents' immigration status were disappointed by California's decision. This is likely to be one of the hottest state and local issues addressed in 2008.

As noted, 2008 has been an active year for the immigration issue, with debate raging in legislatures across the country. Arizona is currently working on two different bills, one to create a guest-worker program and another targeted toward day laborers and making it harder for them to solicit work. The guest-worker program would be a pilot program pulling workers only from Mexico and allowing them to travel between Mexico and Arizona. That legislation would need approval from the U.S. Congress, if passed by the state, so a resolution asking Congress to grant Arizona the authority has also been introduced. Rhode Island has introduced legislation modeled after Oklahoma's law, including a provision stating that the definition of harboring includes renting or leasing a dwelling or business unit to an illegal alien, knowingly or in reckless disregard of the person's illegal presence. Utah's legislature has had lively and active debate on the issue, but has been much more open to the concerns of its business community and religious leaders. The Utah Apartment Association was successful in getting harboring language amended to raise the threshold for violating the law. The bill now reads, “It is unlawful for a person to: ... (b) knowingly, with the intent to violate federal immigration law, conceal, harbor or shelter from detection an alien in a place within this state, including a building or means of transportation for commercial advantage or private financial gain...'' The Commonwealth of Virginia has a study commission created by Gov. Tim Kaine (D), examining what actions, if any, the state should take in controlling illegal immigration within its borders.

In county action, Prince William County, Va., has continued to move forward with its law increasing law enforcement directed at illegal immigrants. The county executive and county board of supervisors believe so strongly in moving forward, that it unanimously approved a transfer of $800,000 in reserve funds to pay for the program through the budget year end of June 30. Moving that large sum of money leaves the county with approximately $3,000 in its reserve account through the end of the budget year. The money will be spent to allow county policy officers to check the citizenship status of anyone suspected of breaking the law, without regard to the severity of the crime.