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December 2004 Noncitizens and Minnesota Law a Guide for Legislators

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December 2004 Noncitizens and Minnesota Law a Guide for Legislators December 2004 Noncitizens and Minnesota Law A Guide for Legislators This publication addresses how various state laws apply to noncitizens. It includes information about noncitizens and explanations of laws applying to farm ownership, crime, K- 12 and higher education, employment, eligibility for health care and social services programs, driver’s licenses, taxation, and various other areas. Noncitizens and Minnesota Law is a cooperative project by legislative analysts in the Research Department of the Minnesota House of Representatives. Topical questions should be addressed to the analyst who covers that subject. AGRICULTURE Sam Rankin 651-296-5047 CONSTITUTIONAL ISSUES Deb McKnight 651-296-5056 CRIME Jeffrey Diebel 651-296-5041 Jim Cleary (Firearms) 651-296-5053 EDUCATION Lisa Larson (K-12) 651-296-8036 Kathy Novak (Higher) 651-296-9253 EMPLOYMENT LAW Elisabeth Long 651-296-5052 HEALTH AND HUMAN SERVICES Randall Chun 651-296-8639 Don Hirasuna 651-296-8038 Danyell Punelli LeMire 651-296-5058 PUBLIC SAFETY John Williams 651-296-5045 TAXES Joel Michael 651-296-5057 Karen Baker (Property) 651-296-8959 Nina Manzi (Income) 651-296-5204 Brenda van Dyck coordinated the publication and wrote the sections on immigration statistics, types, and policies. Carol Thompson provided secretarial support. Copies of this publication may be obtained by calling 651-296-6753. This publication can be made available in alternative formats upon request. Please call 651-296-6753 (voice); or the Minnesota State Relay Service at 1-800-627-3529 (TTY) for assistance. Many House Research Department publications are also available on the Internet at: www.house.mn/hrd/hrd.htm. Contents Introduction..................................................................................................................................... 1 Part 1 Immigration to the United States and Minnesota ..........................................................................5 Types of Immigrants....................................................................................................................19 Federal Immigration Policy Over the Years................................................................................24 Constitutional Issues in State Statutes Regulating Noncitizens ..................................................29 Part 2 Agriculture: Noncitizen Farmers .................................................................................................33 Criminal Laws..............................................................................................................................40 Education for Noncitizens ...........................................................................................................44 Noncitizen students in Minnesota’s K-12 public schools........................................................44 Noncitizen students in Minnesota’s higher education system.................................................47 Employment Issues ......................................................................................................................50 Health and Human Services.........................................................................................................52 Noncitizens on MFIP...............................................................................................................62 Public Safety: Driver Licensing...................................................................................................65 Rights and Services for Immigrants.............................................................................................67 Taxation of Noncitizens...............................................................................................................69 Miscellaneous ..............................................................................................................................80 Glossary of Immigration Terms...................................................................................................81 Appendix: Supplemental Statistical Information........................................................................87 Tables Table 1: Immigrants to the U.S. by Top Countries of Birth: FY 2003........................................8 Table 2: Immigrants to Minnesota by Top 20 Countries of Birth: FY 2002...............................9 Table 3: Minnesota Foreign-Born Population by Date of Entry and Citizenship: 2000...........13 Table 4: Persons with Home Language other than English: 2000 ............................................13 Table 5: Top Ten Countries for Refugees to U.S.: FY 2003.....................................................14 Table 6: Refugee Ceilings and Admissions: FY 2003-2005 .....................................................14 Table 7: Top Ten Countries for Refugees to Minnesota: 2003 .................................................16 Table 8: Asylum Granted by Top Ten Countries: FY 2003......................................................16 Table 9: Occupations of Foreign-born Workers in the U.S.: 2003............................................18 Table 10: Visa Waiting Times by Family Preference for January 2005 (as of December 2004) ................................................................................................20 Table 11: A Timeline of Major U.S. Immigration Laws.............................................................24 Table 12: Number of Noncitizen K-12 Students and All K-12 Students, by School Year .........46 Table 13: Top Ten Primary Languages Spoken at Home 2003-04 School Year ........................46 Table 14: Student Visa Classifications for Higher Education.....................................................47 Table 15: Noncitizen Eligibility Requirements for State and Federal Programs ........................52 Table 16: Number of Noncitizen Enrollees – Health and Social Service Programs ..................55 Table 17: Noncitizen Eligibility for Minnesota Department of Human Services Health Care Programs .................................................................................................57 Table 18: Noncitizen Eligibility for Minnesota Department of Human Services Cash and Food Support Programs........................................................................................60 Table 19: Geographical Distribution of MFIP Cases with Noncitizens in 2003........................63 Table 20: Nationality of Household Head of Cases with Noncitizens in 2003..........................64 Table 21: Refundable Federal and Minnesota Tax Credits Qualification Rules for Noncitizens by Residency and Legal Status ...............................................................79 Table 22: Total Immigrants to the U.S. and Minnesota FY 1982-2003......................................88 Table 23: Immigrants to the U.S. by Top Regions and Countries of Birth: FY 2003.................88 Table 24: Year of Entry by Citizenship Status for the Foreign-born Population in Minnesota: 2003.....................................................................................................89 Table 25: Foreign-Born Population in Minnesota by Region of Birth: 2003.............................89 Table 26: Minnesota Foreign-Born Population by Date of Entry and Citizenship: 2000...........90 Table 27: Top Foreign-Born Populations in Minnesota by Country of Origin: 2000.................90 Table 28: Gender and Age Distribution of Foreign-born Minnesota Residents: 2000 ...............91 Table 29: Languages Spoken in Minnesota: 2000.......................................................................93 Figures Figure 1: Number of U.S. Immigrants FY 1880-2003 ................................................................6 Figure 2: Number of Immigrants to Minnesota FY 1982-2003 ..................................................6 Figure 3: Percent of U.S. Immigrants Who Came to Minnesota FY 1982-2003 ........................7 Figure 4: Number of Immigrants to Minnesota and Surrounding States FY 1994-2003..........10 Figure 5: Number of Immigrants per 1,000 Population for Minnesota and Surrounding States FY 1994-2003..............................................................................10 Figure 6: Regions of Foreign-Born Populations: 2003 .............................................................12 Figure 7: Refugees to Minnesota 1979-2003 ............................................................................15 Figure 8: The Number of MFIP Cases with Noncitizens 7/1/1997 through 12/31/2003..........62 Figure 9: The Percent of MFIP Cases with Noncitizens 7/1/1997 through 12/31/2003 ...........63 Figure 10: Number of Homes in which Primary Language is Not English ................................92 Introduction The U.S. Census Bureau estimates for 2003 that 3.6 percent of the Minnesota population are not U.S. citizens. This represents about 175,000 individuals out of a total population of 4.9 million. Most of these individuals are immigrants who intend to make Minnesota their permanent home. They also include temporary residents (e.g., students or those temporarily working for Minnesota employers) who intend to return to their home countries, refugees, and undocumented aliens. This publication explains how various state laws apply to noncitizens. Part 1 provides some background material on immigration, such as information about the numbers of immigrants, where they come from, and information about the foreign-born population. It also describes the various types of immigrants, including
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