Immigration policy is the regulations and statutes governing are allowed to enter a country, including determinations of citizenship and visa issuance. New York and California have taken different approaches to the immigration, while both states have some of the most liberal policies in the nation. There are also key differences between them regarding how they interpret certain aspects of federal immigration law. There are certain differences in the laws of these states that determine their characteristics.
New York typically enforces a policy of expedited legal action for undocumented minors. On the other hand, California is slightly more resolute when engaging with undocumented adult applicants by implementing a stricter set of statutory rules and sanctions. Both states have admirable intentions concerning their immigration services; however, each has an individual approach toward keeping America a safe and welcoming place for anyone wishing to make the country better for all its citizens.
New York and California have laws in place to protect the rights of immigrants, but there are some critical differences in how these laws are applied and enforced. In terms of laws and policies related to race, ethnicity, religion, gender, sexual orientation, age, and social class, California generally has a more progressive stance. For example, California’s statewide sanctuary policy limits cooperation between state and local law enforcement and federal immigration authorities (Berray, 2019). This policy is intended to protect undocumented immigrants from being detained and deported based on their immigration status.
In contrast, New York City has a similar sanctuary policy, but the state of New York does not have a statewide policy. Additionally, California has more strict anti-discrimination laws protecting immigrants, such as AB 450, which prohibits employers from voluntarily cooperating with immigration enforcement, and AB 291, which provides legal representation to immigrants facing deportation (Berray, 2019). One key area where the two states differ is in terms of access to public benefits for immigrants. California has enacted laws to expand access to public benefits for immigrants, such as AB 899, which allows undocumented immigrants to apply for professional licenses, and SB 75, which allows undocumented immigrants to apply for Medi-Cal, California’s Medicaid program (Berray, 2019). In contrast, New York has laws that restrict access to public benefits for immigrants, such as requiring that immigrants pass a public charge test before receiving certain benefits.
In addition, both states have enacted laws to protect undocumented immigrants, yet the implementation of those laws differs depending on each state’s understanding of religious freedom, historical context, and racial equity. In the article, Driver’s licenses for all, Enriquez et al. (2019b) mentioned that New York has a reputation for being more proactive than California with regard to progressive immigration policies. For example, it joins California in offering driver’s licenses to people regardless of their citizenship status but has also passed multiple bills related to working permit eligibility that surpasses anything enacted in California thus far.
In addition, both states present unique approaches to immigration policies, as befitting their contrasting places within the United States. New York reportedly has an open-door policy and encourages immigrants of all nationalities, backgrounds, and language groups to settle in the state (Albany, 2022). California has taken a different approach: it is likewise welcoming immigrants and has a more lenient attitude than other US states (Person & Hill, 2017). From a Marxist perspective, this discrepancy can be attributed to the nature of each state’s economy – New York is known for its manufacturing, whereas California is more focused on technology and innovation-driven initiatives. The overall outlook towards immigration may thus reflect the direction each state seeks to develop, one that can be further understood by examining the underlying economic processes at work.
New York and California are two states in America that have seen both inflows and outflows of immigrants due to existing immigration policies. For example, a 2018 report showed that the United States, including New York applications and petitions for citizenship, experienced a noticeable dip as new regulations put additional strain on immigrants (Pierce et al., 2018). Some of the immigrants that were subjected to visa restriction included Chad, Libya, Yemen, and Venezuela (Pierce et al., 2018). Similar trends were also reflected in California, where a decrease in legal aid available to potential immigrants led to an increase in those without status or documents.
In New York and California, immigration policies and laws have significantly impacted the past migration patterns among immigrant populations. Both states have implemented various measures to safeguard the interests of incoming foreign nationals and local communities. For example, New York has a multi-year residency requirement for immigrants seeking official state identification cards (Enriquez et al., 2019). Additionally, California has an Immigrant Worker Protection Act (IWPA) that gives greater rights to workers who are immigrants in certain organizations or industries—providing them with more protection from unfair hiring practices. These laws go beyond just protecting workers’ rights; they aid in strengthening communities by creating a friendly and welcoming environment for immigrants who might have otherwise felt unwelcome or unsafe in their new environment.
Ultimately, these types of policies and laws exist to ensure that immigration patterns remain humane and respectful—essential elements of any healthy society within the United States. The multi-year residency requirement law in New York and Immigrant Worker Protection Act in California may have different effects on future migration patterns in these states. These migration rules may make people think twice about moving to New York because they would have to commit to staying there for a certain number of years. Conversely, in the case of California, these policies may attract more immigrants to the state because of the protections it offers them (Swiney, 2021). This law similarly makes some people move back to their home countries, leading to an increase in the number of deportations from New York.
Statistically, for the last twelve months of 2021, New York city’s population has decreased by 3.5% or 305 665. The Census Bureau also estimated a population drop of 13,555 individuals in the other fifty-seven counties of New York during the same time frame (McMahon, 2022). The immigrant population was 1.7% or 194,040 people between 2020 and 2010. Forty-one empire counties experienced population increase, while twenty-one counties grew in population (McMahon, 2022). This may mean that there could be strict immigration policies or higher emigration rates than immigration. Conversely, according to Johnson et al. (2022), among all the United States, California has the largest immigrant population (eleven million), with 27% of its total population composed of foreign-born. Five counties in California: San Francisco (34%), Santa Clara (39%), Los Angeles (34%), Alameda (33%), and San Mateo (35%) —had at least one-third of its foreign-born citizens (Johnson et al., 2022). This immigration data denotes that the immigration policies in California are more friendly than any other state, including New York.
The United States, at one point, formulated some laws to restrict immigrants, such as the Chinese Exclusion Act. In 1882, the New York state legislature passed a law that effectively banned all Chinese immigrants from entering the United States (Yang, 2018). The law was in direct conflict with federal law, which allowed for the free immigration of Chinese nationals. In 1886, the US Supreme Court ruled that the New York state law was unconstitutional, as it violated the Supremacy Clause of the US Constitution. The New York state legislature then passed a new law in 1891 that allowed for limited immigration of Chinese nationals (Das, 2018). The new law stipulated that only merchants and their families could enter the United States, and it placed heavy restrictions on how many Chinese immigrants could come to New York each year.
Similarly, there are a few examples of the case in California history. One example is the state’s water rights laws, which were amended in response to the federal government’s claim to authority over water rights. Another example is California’s medical marijuana law, which was enacted in response to the federal government’s refusal to allow the medicinal use of marijuana (Grossman, 2019). One lesson that I learned from these precedents is that states need to comply with federal law regarding immigration policy. Another lesson is that states should aim to have inclusive policies that welcome immigrants and refugees rather than restrictive policies. By enacting inclusive policies, states can assist in contributing to a more welcoming and cohesive society overall.
In conclusion, New York and California have different laws, politics, and policies related to immigration. California generally has a more progressive stance on immigration issues, with laws protecting immigrants’ rights and expanding access to public benefits. New York City has a similar sanctuary policy, but the state of New York does not have a similar statewide policy. Additionally, California has more strict anti-discrimination laws protecting immigrants. However, New York has laws restricting access to public benefits for immigrants. Overall, while both states have policies to protect the rights of immigrants, California’s policies tend to be more inclusive and progressive than New York’s.
References
Albany. (2022). Governor Hochul announces launch of New York State’s Institute for Immigration Integration Research & Policy to help immigrants transition to community life, further education, and the workforce. Governor Kathy Hochul. Web.
Berray, M. (2019). A critical literary review of the melting pot and salad bowl assimilation and integration theories. Journal of Ethnic and Cultural Studies, 6(1), 142-151. Web.
Das, A. (2018). Inclusive immigrant justice: Racial animus and the origins of crime-based deportation. UC Davis Law Review’s, 52, 179-181. Web.
Enriquez, L. E., Hernandez, M. M., Millán, D., & Vera, D. V. (2019). Mediating illegality: Federal, state, and institutional policies in the educational experiences of undocumented college students. Law & Social Inquiry, 44(3), 679-703. Web.
Enriquez, L. E., Vazquez Vera, D., & Ramakrishnan, S. K. (2019b). Driver’s licenses for all? Racialized illegality and the implementation of progressive immigration policy in California. Law & Policy, 41(1), 34-58. Web.
Grossman, L. A. (2019). Life, liberty, [and the pursuit of happiness]: Medical marijuana regulation in historical context. Food & Drug Law Journal, 74, 280-289. Web.
Johnson, H., Perez, C. A., & Mejia, M. C. (2022). Immigrants in California. Public Policy Institute of California. Web.
McMahon, E. J. (2022). NYC’s out-migration fueled NY State’s record population drop in 2020-21. Empire Center for Public Policy. Web.
New York State. (2021). Division of the budget. Governor Cuomo Announces Highlights of the FY 2022 State Budget to Reimagine, Rebuild and Renew New York. Web.
Person, Hayes, J., & Hill, L. (2017). Undocumented immigrants in California. Public Policy Institute of California. Web.
Pierce, S., Bolter, J., & Selee, A. (2018). US immigration policy under Trump: Deep changes and lasting impacts. Migration Policy Institute, 9, 1-24. Web.
Swiney, S. L. (2021). Radicals on the Move: French Migrants in the United States, 1850-1900 (Doctoral dissertation, The University of Texas at Arlington), 1321. Web.
Yang, R. (2018). “Chinaman” and the constitution: The development of federal power over immigration in 19th-century United States. Armstrong Undergraduate Journal of History, 8(1), 26-43. Web.