The Department of Homeland Security reports that border apprehensions have dropped to their lowest level in nearly 40 years.  For fiscal 2010, arrests were 463,000, down from 724,000 in 2008—a one-third decline in two years. 

A bill mandating the use of E-Verify (HR2885) has passed out of the House Judiciary Committee and has been referred to the Ways and Means and Education and Workforce Committees.  The bill is expected to preempt state and local laws.

The harshest anti-immigrant law in the country went into effect this month in Alabama, after being largely upheld by a federal district judge.  Undocumented immigrants made up roughly 4.2% of Alabama’s work force in 2010, according to the Pew Hispanic Center.  The Department of Justice has appealed to federal courts to prevent its enforcement, and set up a hotline and email address for communities to report directly on the way the state is implementing its new policy. The law has been widely criticized for creating fear among the state’s immigrant community. Many Latino families have kept children home from school or left from the state, for fear of the law’s reporting requirements.

In South Carolina, a coalition of immigrant rights groups filed a suit to block the state’s crackdown on unauthorized immigration, saying the law is unconstitutional and would encourage racial profiling. The law is set to go into effect on Jan. 1, and requires police officers to ask about immigration status during routine stops if they have "reasonable suspicion" the person in question could be undocumented.

Under the law, South Carolina employers will be required to use E-Verify, a federal program that checks employees and job applicants for legal status. If businesses knowingly employ undocumented immigrants, they could face losing their licenses. The law will also create a $1.3 million Illegal Immigration Enforcement Unit to help local police better interact with federal immigration officials.

Congress is considering a bipartisan bill that would extend social security insurance coverage for elderly and disabled refugees for an additional two years.  Representatives Ileana Ros-Lehtinen (R-Fl) and Jim McDermott (D-WA) have introduced a bill (HR 2763) that would make this coverage a reality.

In the Senate, Senator Chuck Schumer (D-NY) has identified an offset to pay for a longer extension.  Senator Schumer (D-NY) is expected to introduce the legislation that is paid for by a $25 fee for the diversity visa program – a proposal lacking in controversy and may have the practical outcome of cutting down on fraudulent applications.  The House sponsors support the approach.  The bill is on the hotline in the Senate – where all Senators agree to allow a bill to go directly for a floor vote. Enactment of this legislation would avoid cost-shifts to states for a population legally admitted by the federal government.  If you have questions on this bill, please email Sheri at sheri.steisel@ncsl.org.

California Governor Jerry Brown continues to push for a greater investment in human capital that should reap benefits across the state.  On October 8th, Gov. Brown signed legislation making undocumented immigrants eligible to receive state financial aid to attend California universities and community colleges.  Brown said he signed the California Dream Act because it makes sense to allow high-achieving students access to college financial aid.

Under AB 131, starting in 2013, undocumented immigrants who are accepted into state universities can receive state funds through Cal-Grant assistance.  Earlier this summer, the Governor had already signed its companion legislation, AB 130 – a bill that allows undocumented students enrolled in California’s public colleges and universities to receive privately funded university scholarships from non-state funds.

The new law allows students to qualify by graduating from a California high school after having attended school in the state for at least three years.  They also must show financial need and meet academic standards.

This month, the Rhode Island State Board of Governors for Higher Education approved granting in-state tuition rates to the children of undocumented immigrants.  The proposal grants in-state tuition rates to the undocumented students, provided they live in Rhode Island and are working towards legal status. Senator Juan M. Pichardo (RI), Chair of NHCSL’s Business and Economic Development Task Force, applauded the Board’s new policy, and promised to reintroduce legislation that would codify the decision in state law.

The three key provisions of the proposal are that the student in question must have attended school in Rhode Island for three years, graduated from a Rhode Island high school, and must sign an affidavit confirming that they are seeking legal status.  Rhode Island Governor Lincoln Chafee and House Speaker Gordon Fox have already announced their support of the measure, which will take effect next September.

In the absence of state law, the question now becomes whether the unelected educational board has the legal authority to enact the change.  It is unclear if opponents will attempt to sue to block implementation.

L-R: Sen. Eduardo Bhatia (PR); Rep. Mara Candelaria Reardon (IN); Rep. Joseph E. Miró (DE); US Senator Robert Menendez (NJ); Rep. Minnie Gonzalez (CT); Sen. Juan M. Pichardo (RI); Rep. Nora Espinoza (NM)

This month, NHCSL convened its Broadband en Acción Taskforce in Washington DC for a two-day series of meetings on Capitol Hill, with key Obama administration officials, and with private sector thought leaders, to discuss the issues surrounding jobs, small business, and full digital participation for Latinos.

A key topic of the meetings focused on the ways in which expanded broadband access and digital literacy can spur new economic opportunity for Latinos.  In terms of addressing the Digital Divide, Latinos have excelled by adopting the mobile platform, yet they continue to lag dramatically in adopting home-based broadband on a computer, which facilitates higher-level functions.  This is a continuing concern, which threatens the community’s long-term prosperity.

NHCSL will use information gathered from the taskforce meetings to develop policy proposals that will be released in a forthcoming whitepaper focused on broadband and digital literacy.

NHCSL members participating in the meetings included: Senator Juan M. Pichardo (RI), Co-Chair, Broadband En Acción Taskforce; Representative Minnie Gonzalez (CT); Representative Mara Candelaria Reardon (IN); Representative Nora Espinoza (NM); Senator Eduardo Bhatia (PR); and Representative Joseph E. Miró (DE), Co-Chair, Broadband En Acción Task Force.

On October 6th, the White House Initiative on Educational Excellence for Hispanics hosted its second commission meeting at the White House.  The Commission is tasked with expanding academic excellence and improving educational opportunities for Hispanics by providing advice to President Obama and Education Secretary Arne Duncan.  According to a report by the Initiative, Hispanics are already the largest minority group in the public education system with more than 1 in 5 students in the nation’s elementary, middle and high schools, but have the lowest education attainment level overall.

Strong teachers are critical to student success, but there is wide variation in the extent to which teachers are prepared to be effective in the reality of today’s classrooms.  In a recent study, University of Washington researcher Dan Goldhaber looked at how teachers from various Washington State teacher preparation programs impact student achievement. 

The study found the difference in academic performance between students taught by math teachers from the most effective and least effective teacher preparation programs was roughly equivalent to the difference in performance demonstrated by low-income students and their more affluent peers.  Inferring a strategy from the data to ensure that all teachers are effective in raising student achievement, it is critical that teacher preparation programs are of a consistent and high quality.

While Pell grants may have survived the debt ceiling deal, it seems the program faces another challenge.  The House Appropriations Committee recently released a proposal for next year’s education budget, and in it Pell Grant recipients face cuts to the financial aid program.  However, the Senate Appropriations proposal protects both the maximum Pell award and program eligibility requirements.

Under the House bill, the U.S. Department of Education estimates that more than half a million students would no longer receive aid through Pell Grant Program.  The House bill further limits eligibility to 12 semesters, down from 18 – meaning students would have six years to complete their higher education thereby limiting part-time and other non-traditional students’ time in the program.

The bill also seemingly forces students to choose between work and financial aid since it significantly lowers the amount students can earn before jeopardizing their grant eligibility.  The House proposal would also count a variety of untaxed income sources against a student’s Pell Grant – affecting lower income students on public assistance and those with children.  

The BBC provides a grim perspective on the U.S. economy if the status quo is maintained for the Hispanic community and education. 

According to the BBC: “A White House report published in April states that less than 50% of Latino children are enrolled in pre-school; just 50% earn their high school diploma on time and, those who do are only half as likely as their peers to be prepared for college. Just 13% have a degree.

“These percentages are troubling enough. What makes them truly alarming is the addition of another set of numbers - the demographics of Hispanic America. For they are the youngest and fastest growing group in the country. They make up 16% of the population now and will account for 29% of the population by 2050.

“The issue has essentially reached a tipping point. It's harder to ignore the problems facing a minority group when they affect a third of the population. And there are economic reasons to care. How well Hispanic school children master their ABCs today will help determine the GDP of tomorrow.

“At present, America can boast the best educated workforce in the world but in 50 years' time, the majority of those workers will be Hispanic. If they are uneducated, what hope is there for American global competitiveness?”

The New York Times reports “the deep recession, the anemic recovery and the lingering crisis of joblessness are beginning to reshape the nation’s economic map.

“For decades, the nation’s economic landscape consisted of a prospering Sun Belt and a struggling Rust Belt. Since the recession hit, though, that is no longer the case. Unemployment remains high across much of the country — the national rate is 9.1% — but the regions have recovered at different speeds.

“The West has the highest unemployment in the nation. The collapse of the housing bubble left Nevada with the highest jobless rate, 13.4%, followed by California with 12.1%. Michigan has the third-highest rate, 11.2% as a result of the longstanding woes of the American auto industry.”

The number of Latino eligible voters increased in 2010, from 13.2 million in 2000 to 21.3 million.  About 6.6 million Latinos voted in last year's election – a record for a midterm – according to an analysis of new Census Bureau data by the Pew Hispanic Center.  That made Latinos a larger share of the electorate in 2010 than in any previous midterm election, representing 6.9% of all voters, up from 5.8% in 2006.

However, even though more Latinos than ever are participating in the nation's elections, their representation among the electorate remains below their representation in the general population. In 2010, 16.3% of the nation's population was Latino, but only 10.1% of eligible voters and fewer than 7% of voters were Latino.