Recent years have witnessed a proliferation of state government policies addressing immigration‐related issues. This article addresses an example of state policy regarding immigration: since 2001, 11 state legislatures have granted undocumented high school graduates in‐state tuition status should they wish to attend public post‐secondary schools, while 18 others have considered, and rejected, the same policy. We argue that these outcomes are largely explicable by the manner in which the policy is presented and debated within state legislatures, especially the terms in which policy targets are socially constructed and state jurisdictional authority is framed. We apply this framework to two states (Kansas and Arkansas) that, in spite of demographic institutional similarities, reached different outcomes on in‐state tuition bills. The different outcomes can be traced to the manner in which policy deliberations in Kansas focused on positive evaluations of undocumented high school students, portraying them as “proto‐citizens,” while in Arkansas debate became centered on the state's jurisdictional authority to enact such a policy, an issue frame that effectively killed the legislation. This article suggests the importance of both social constructions and issue framing when state legislatures become the lead actors in crafting immigration policies.
As more children of undocumented workers graduate from U.S. high schools, many states are considering laws to grant these students in-state tuition status. Kansas, which adopted such a law in 2004, was an unlikely venue for this kind of policy, considering the negative attitudes toward illegal immigrants among the state's residents as well as its relatively small share of Hispanic residents. We argue that the passage of Kansas's in-state tuition bill occurred in large measure due to the skill of its proponents in framing the issue as one of access to public education. We use a mix of qualitative and quantitative data to show how proponents of the in-state tuition bill were able to direct attention toward public education-an issue more electorally palatable to legislators and their constituents-and redirect attention away from immigration policy.
This article addresses conceptual and measurement challenges that complicate the study of state immigrant policies. First, given the multiple facets of immigrant‐related policy, policy‐specific effects may be obscured by highly aggregated outcomes variables. Second, variables of interest often capture both time‐varying and time‐invariant effects, potentially producing coefficients that are uninterpretable averages of both processes. This article presents a research design that addresses both of these obstacles and applies it to an original dataset of both integrative and punitive policies adopted over the period 2005–16. The findings suggest that the causal roles of growing immigrant populations, partisanship, and wealth vary across different clusters of immigrant policies and that average, cross‐state effects often differ from within‐state effects. Future research would do well to clearly link theoretical expectations to specific types of policy outcomes and test hypotheses over both integrative and restrictive outcomes.
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