| Immigrant Policy 2006 State Legislation Related to Immigration: Enacted, Vetoed, and Pending Gubernatorial Action June 7, 2006
In 2006, almost 500 pieces of legislation concerning immigrants have been introduced in state legislatures around the country. While legislation covered a wide variety of topics, many states focused on access to in-state tuition, voter registration procedures, human trafficking concerns and access to public benefits and health care. Thus far, at least 44 bills have been enacted in 2006, a pace that closely resembles that of 2005. A handful of bills have been vetoed, and several more are awaiting gubernatorial action.
Enacted Bills
Omnibus
Georgia’s SB 529 (The Georgia Security and Immigration Compliance Act) covers multiple topics and was signed by the Governor on April 17, 2006. The bill requires public employers to participate in a federal work authorization program for all new employees beginning July 1, 2007; subcontractors must also register and participate (section 2). The bill increases the penalties for human trafficking (section 3). The bill authorizes the state to negotiate a memorandum of understanding with the U.S. Department of Justice or U.S. Department of Homeland Security regarding enforcement of federal immigration and customs laws (section 4). If a person is charged with a felony or drunk driving and confined to jail, an effort shall be made to determine the nationality; if the person is a foreign national, a reasonable effort shall be made to determine that the person has been admitted into the United States lawfully (section 5). The bill also establishes and enforces standards of ethics by those that provide immigration assistance services who are not licensed attorneys (section 6). The bill denies certain deductible business expenses unless the worker has been authorized and verified to work in the U.S., beginning in 2008 (section 7). The bill requires income tax withholding at 6 percent for those who failed to provide a correct taxpayer identification number (section 8). State agencies must also verify the lawful presence of an individual before awarding certain benefits; emergency assistance, vaccines and other programs are exempted (section 9).
Public Benefits and Services for Non-US citizens Arizona HB 2448/SB 2738 (signed 4/24/2006) requires U.S. citizenship or legal immigrant status to receive health benefits. Illinois SB 918 (signed 5/3/2006) requires U.S. citizenship or legal immigrant status to be eligible for state health plan coverage. Kansas HB 2157 (signed 3/23/2006) limits public services and benefits to legal residents of the state. Kansas HB 2352 (signed 5/22/2006) enacts general eligibility requirements for federally funded programs for public benefits, including food stamps. Maine HB 1242/LD 1734 (signed 3/16/2006) allows those who have legally immigrated to the United States to purchase health insurance. Maryland HB 89 (signed 5/2/2006) requires the Governor to support the Maryland Medical Assistance Program for health care services for specified legal immigrant children and pregnant women in the annual budget, beginning in FY 2008.
Nebraska LB 1248 (signed 4/13/2006) deems lawfully admitted immigrants eligible for U.S. citizenship to be eligible for food stamp benefits, regardless of date of entry.
Education Nebraska LB 239 (signed 4/14/2006) allows unauthorized immigrant students to qualify for in-state tuition. Virginia SB 542 (signed 4/6/2006) establishes eligibility for in-state tuition for those holding an immigration visa or classified as a political refugee in the same manner as any other resident student. Wyoming SB 85 (signed 3/10/2006) bars non-citizens and non-Legal Permanent Residents (LPR) from receiving scholarship funding created in this bill. Employment Colorado HB 1343 (signed 6/6/06) prohibits state agencies from entering into contract agreements with contractors who knowingly employs illegal immigrants and requires a prospective contractor to verify legal work status of all employees. Idaho HB 577 (signed 3/11/2006) provides unemployment benefits to citizens and legal residents. Idaho HB 649 (signed 3/24/2006) prohibits balance billing when administering worker’s compensation benefits. Benefits are available only to legal immigrants, refugees, asylees and persons residing under color of law. (“Balance billing" means billing or otherwise attempting to collect directly from an injured employee payment for medical services in excess of amounts allowable in compensable claims.) Kansas SB 108 (signed 4/15/2006) provides employment security measures to those immigrants in agriculture and to only those meeting federal requirements. Oklahoma SB 1634 (signed 5/22/2006) excludes work service provided by a nonresident alien in definition of "employment". Pennsylvania HB 2319 (signed 5/11/2006) prohibits the use of labor by illegal immigrants on projects financed by grants or loans from the state government. Washington SB 6194 (signed 3/27/2006) requires multicultural education for health professionals. Washington SB 6885 (signed 3/9/2006) excludes nonresident alien from the definition of “employee” when establishing Unemployment Insurance benefits. Drivers’ License/ Identification Documents Colorado SB 110 (signed 5/30/2006) provides funding for full-time investigator position in the attorney general’s office, and implements a $50,000 civil fine for counterfeiting identification documents. Colorado HB 1306 (signed 5/30/2006) requires audit of a 2003 law restricting the use of foreign identification papers, including consulate identification cards. Maine LD 501 (signed 2/10/2006) requires non-immigrant applicants to prove legal status to obtain a drivers’ license.
Voting/Elections
Delaware SB 162 (signed 2/1/2006) requires that appointed elected officials, upon the opening of polling place on election day, swear “I will not knowingly or willfully receive or consent to the receiving of the vote of any alien.” South Dakota SB 118 (signed 2/22/2006) requires a passport or government-issued photo identification card when registering to vote. Virginia HB 170 (signed 5/18/2006) requires the Department of Motor Vehicles to provide the State Board of Elections with a list of non-citizen driver’s license applicants each month. The general registrar can cancel voter registration as a result of non-citizen status.
Trafficking
Colorado SB 206 (signed 5/30/2006) makes smuggling humans a class 3 felony.* Colorado SB 207 (signed 5/30/2006) makes human trafficking a crime and increases penalties. Iowa SB 2219 (signed 4/21/2006) makes human trafficking a crime and increases penalties. Maine HB 893/ LD 1296 (signed 4/28/2006) makes human trafficking across borders a crime, provides services for victims of trafficking, and establishes a task force to investigate influences and determents to trafficking. Michigan HB 5747 (signed 5/25/2006) forbids forced labor or services by threatening the destruction of immigration documents, and increases penalties for human trafficking. Mississippi HB 381 (signed 4/21/2006) makes human trafficking a crime and increases penalties. Virginia SB 291 (signed 3/30/2006) creates the Human Anti-Trafficking Act, and makes the act of threatening an individual with reporting illegal status to officials for the purposes of extorting money a class 5 felony. *Note: The terms smuggling and human trafficking are often thought to be interchangeable. However, smuggling refers to illegally crossing a border, and it is a crime for both the smuggler and the person smuggled. Human trafficking is the practice of forced labor, typically in the sex industry, and does not require a crossing of any border. The trafficker, not the victim, commits the criminal act. Law Enforcement Colorado SB 90 (signed 5/1/2006) prohibits any local or state government from enacting legislation that impedes law enforcement agencies from cooperating or communicating with federal officials concerning an arrestee who is suspected to be illegal. Ohio SB 9 (signed 3/1/2006) requires Immigration and Customs Enforcement (ICE) to be notified when a suspected alien pleads guilty or is convicted to a felony. Oklahoma SB 1970 (signed 4/10/2006) requires that all police or peace officers prove U.S. citizenship or legal immigration status before being certified as an officer.
South Dakota SB 63 (signed 2/28/2006) includes ICE officers in the definition of federal law enforcement officer.
Legal Services/Assistance
Kansas HB 2485 (signed 3/20/2006) requires notary publics to advertise that they are not authorized to practice law nor give advice as immigration lawyers.
Maine HB 1398/ LD 1996 (signed 5/4/2006) specifies requirements for those wishing to provide immigration law services, making state requirements the same as federal requirements, and requires notary publics to advertise that they do not offer immigration law services. Vermont SB 182 (signed 5/2/2006) requires courts to advise a defendant of immigration consequences when pleading guilty to criminal offenses.
Gun permits
Georgia HB 1032 (signed 4/20/2006) provides for a check of ICE records for non-citizen applicants. Virginia HB 1577 (signed 4/19/2006) denies all aliens except those admitted for legal permanent residence from obtaining a handgun permit.
Other
Alcohol and Tobacco: Wyoming HB 144 (signed 3/11/2006) states that a permanent resident card or internationally accepted passport may be used as acceptable documentation to rent a keg.
Residency Definition: Idaho HB 457 (signed 3/15/2006) excludes non-resident aliens, defined under the Internal Revenue Code, from the definition of state resident. Reporting: Virginia HB 1046 (signed 4/5/2006) requires officers to report to ICE a juvenile who has committed an act that would be a crime if committed by an adult and who has also been found to be in the US illegally. Vetoed Bills Arizona SB 1157 (vetoed: 4/17/2006) would have criminalized illegal entry into Arizona and allowed trespassers to be prosecuted. Arizona HB 2577 (vetoed: 6/6/06) would have criminalized illegal immigration status, provided $160 million in aid to law enforcement agencies to stop flow of immigrants, established fines for businesses who continue to hire undocumented workers after warnings, required law enforcement agencies to train employees in immigration enforcement procedures, and denied education benefits to immigrants. Arizona HB 2701 (vetoed 3/9/2006) would have allowed the governor to mobilize the National Guard to enforce the border if the state issues a state of emergency resulting from an excessive number of illegal border crossings. Wisconsin SB 567 (vetoed 5/26/2006) would have required all applicants for state benefit programs to show proof of citizenship or legal immigration status. Bills Pending Gubernatorial Action Colorado SB 110 (sent to Governor 5/22/05) creates a division in the Colorado State Patrol Department of Public Safety to address human smuggling and human trafficking on state highways. Florida SB 250 (enrolled and engrossed 5/4/2006) makes human trafficking a crime and increases penalties. Hawaii HB 2051 (passed both House and Senate 5/3/2006) contains a section on immigration status of trafficking victims; allows for "continued presence " status. Hawaii SB 2263 (passed both House and Senate 4/5/2006) requires the issuing authority to perform an inquiry on non-citizen applicants by using the ICE databases for the National Instant Criminal Background check system before approving or denying a gun permit. Illinois HB 4302 (sent to Governor 4/25/2006) provides benefits to those who are "not eligible for federally funded means-tested benefits due to immigration status". Missouri HB 1456 (sent to Governor 5/26/2006) Denies benefits on services performed by an alien, unless such alien is an individual who was lawfully admitted for permanent residence at the time such services were performed. Maine HB 873 (passed both House and Senate 5/31/2006) prohibits an employer from making a false representation to a government entity in an application to hire a foreign worker through a procedure commonly known as an "H-2B visa," or in any supporting documentation or statements. New Hampshire SB 403 (enrolled 5/24/2006) requires proof of citizenship for voter registration purposes. Oklahoma SB 1401 (sent to Governor 5/25/2006) Requires that no person shall be certified as a police or peace officer in the state unless the employing agency has reported that such person has provided proof of U.S. citizenship or resident alien status, pursuant to the Immigration and Naturalization Services (INS). Tennessee HB 111 (enrolled 6/1/2006) prohibits contractors from contracting with state agencies within one year of the discovery that the contractor employs illegal immigrants. Tennessee HB 3069 (enrolled 6/1/2006) prohibits a notary public who is not an attorney licensed to practice law in the state from advising or assisting in selecting or completing forms affecting or relating to a person's immigration status unless that conduct is specifically authorized by federal law.
Prepared by: Ann Morse, Adam Blott, and Leya Speasmaker
Immigrant Policy Project
National Conference of State Legislatures
Washington, DC office |