State and Local Legislation Bulletin
Sharma Hammond, Esq., Editor · Issue 2, May 2007

In this Issue:
Latest Advances in State Reform Legislation
Bills to Watch
New or Existing Local Legislation
New Bills
Other Bills to Watch Encouraging
Illegal Immigration
IRLI Tip of the Month

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Latest Advances in State Reform Legislation

Oklahoma HB1804
HB1804, the Citizens and Taxpayers Protection Act, dealing with clamping down on illegal immigration was signed into law by Governor Henry on May 8th.

This legislation is a product of several years' consultation with state legislators from both parties. It is an important step for the IRLI strategy on incremental state-by-state reform. IRLI provides technical assistance to legislators based on successful measures from other jurisdictions.

HB 1804 is tough on employers violating the law and prevents illegal aliens from obtaining drivers license and benefits, while still protecting the privileges and immunities of U.S. citizens and respecting constitutional rights for all persons. HB 1804 includes a mix of criminal, fiscal and anti-fraud provisions that collectively restrict the ability of illegal aliens to unlawfully work and reside within the state.

The Statement of Legislative Intent (Section 2) declares the states compelling interest in immigration law compliance, finding that illegal immigration causes economic hardship and lawless and has been improperly encouraged by public agencies within the state.

Section 3 replicates the federal provision that makes it a felony punishable by imprisonment for not less than 1 year or a fine of $1000.00, for any person to transport, harbor, or shelter an alien in reckless disregard for their illegal immigration status. State and local prosecutors now have the tools to stop illegal aliens from "residing" in Oklahoma, or traveling instate in search of unlawful employment.

Section 4 restricts issuance of most official identification documents to U.S. citizens, legal permanent resident aliens or holders of valid unexpired visas. Illegal aliens cannot operate in-state if they lack official documentation. Use of foreign consular cards issued to illegal aliens has been prohibited.

Section 5 requires police to verify the immigration status of persons who have been arrested and detained at a local jail for felony crimes, and report all illegal aliens to the U.S. Department of Homeland Security.

Section 7 requires all public employers to use the Basic Pilot electronic work authorization verification program. State and local public contractors are prohibited from commencing work on a taxpayer-funded contract before they register with the Basic Pilot Program.

Section 8 requires every public agency to verify the lawful presence of aliens aged 14 years or older who applies for state or local public benefits, using the online SAVE system, as authorized by the 1996 Welfare Reform Act. Standard federal exceptions for emergency health care treatment or other public health services apply. This measure builds on similar provisions developed by IRLI that have been successfully adopted by Virginia, Colorado, and Georgia.

Section 9 provides that employers shall withhold state income tax for independent contractors who failed to provide a Social Security number. Reduces the incentive to hire illegal aliens as cheap day laborers and "contractors," and helps safeguard workers compensation and other labor law protections against abuse.

Section 10 directs the Oklahoma Attorney General to negotiate a "287(g)" cooperative agreement between the State of Oklahoma and the U.S. Department of Homeland Security to increase state and local police joint enforcement of federal immigration law with DHS. 287(g) agreements help insure that illegal aliens discovered by Oklahoma police officers are quickly and safely transferred into federal custody. Helps fight "catch and release" abuses that allow criminal aliens back into the neighborhoods where they were arrested.

Indiana SB 463
SB 463 was signed into law by the Governor on May 8th. This bill requires proof of lawful status in order to obtain a drivers license or identification card. Verification of lawful presence is the most important national security provision requirement of the REAL ID Act, (and the cheapest — because the federal SAVE system used by all states that verify lawful presence is already fully operative).

Tennessee SB 903
SB 903 prohibits the use of a federal tax id number (ITIN) to prove immigration status. This bill is currently on the Governor's desk. The Spanish language media is flooded with advertisements offering to provide cheap mortgages, credit cards and other financial services to illegal aliens who cannot lawfully have a valid social security number. ITIN abuse makes it possible for greedy corporations to launder literally billions of dollars earned by illegal aliens in the untaxed underground economy.

Tennessee HB 600
HB 600 passed the House in April and passed in the Senate on May 9th. The bill criminalizes transporting of illegal aliens into the state.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Back to top
Bills to Watch

Oregon HB 3554
HB 3554 was introduced at the end of April by Representative Thatcher. This bill would require proof of citizenship to be able to vote and to receive public benefits.

Arizona HB 2794
HB 2794 requires documentation of lawful immigration or citizenship status to be eligible for any public programs. Arizona House Majority Leader Representative Russell Pearce introduced HB 2794 at the end of April.

Connecticut SB 931
SB 931 passed the Senate on May 16th. The bill holds contractors criminally liable for hiring undocumented workers and provides a civil penalty of $1000 for each day this bill is violated. This well-intentioned measure is probably unconstitutional, as the direct imposition of criminal fines was preempted by the 1986 IRCA law. IRLI has expertise in detecting preemption violations in state legislation, and can provide preliminary assessments of bill drafts to identify and correct improper technical language.

South Carolina SB 392
SB 392 passed the Senate at the end of April. The bill requires public employers to check the lawful status of newly hired employees. In addition, police officers must comply with federal immigration laws.

Texas HB 1604
Bars state agencies from accepting foreign consular cards ("matriculas") issued by Mexico and other foreign governments to their nationals. Representative Bill Zedler, sponsor of HB 1604, intended the ban to help implement a public benefit verification measure similar to Section 8 of Oklahoma's HB 1804.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Back to top
New or Existing Local Legislation

Prescott, AZ
Prescott City Council is negotiating a Memorandum of Understanding (MOU) providing for full cooperation with the federal government in enforcing federal immigration laws. In mid-April a letter from the council was sent to the Department of Homeland Security (DHS) to initiate the MOU which will help local officers to enforce federal immigration laws. The Secretary of DHS is authorized to enter into these agreements under the Immigration and Nationality Act Section 287(g).

Oakland, CA
On May 7th, Oakland City Council passed a resolution stating that Oakland is a City of Refuge for Immigrants and barring City agencies from complying with or assisting the enforcement of federal civil immigration laws. Resolutions like the Oakland measure rely on old segregationist theories of "states rights", and are expressly prohibited by 8 USC 1373 and 1644. IRLI is working with local citizens to sue the City for civil rights violations.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Back to top
New Bills

Alabama HB
836 HB 836 was introduced by Representative Randy Hinshaw on May 8th. This bill increases administrative penalties for violations of the New Hire Act of 1997, which would mandate proof of citizenship.

South Carolina HB 4119
HB 4119 was introduced in the middle of May by Representative Jeffery Duncan. This bill would mandate the verification of an individual's lawful status in order to be eligible to receive public benefits thru federal Systematic Alien Verification for Entitlement (SAVE) program. This is another measure similar to Oklahoma's HB 1804.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Back to top
Other Bills to Watch Encouraging
Illegal Immigration

California AB 976
AB 976 The bill would prohibit a city, county, or city and county from requiring a landlord to, among other things, compile, disclose report, provide, or otherwise take any action regarding a tenant or a prospective tenant based on the immigration or citizenship status of that tenant. AB 976 is currently in the Assembly for a third reading. IRLI believes AB 976 violates federal immigration and fair housing laws.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Back to top
IRLI Tip of the Month

Writing Good Legislation
Designing legislation to deter or sanction immigration abuse requires a careful identification of respective state and federal authorities and responsibilities, to ensure that our constitutional system of checks and balances guaranteed by the Supremacy Clause is not compromised. A carefully drafted definitions section is crucial for a viable measure. See Section 6 of OK HB1804 for examples. When describing classes of non-citizens, extract and duplicate the exact term or definition used in United States Code Title 8, the federal immigration laws. Consideration of due process is also essential. States and local jurisdiction often give short shrift to the need for an appeal process, or fail to provide for public notice and opportunity in developing implementing regulations. "A due process and equal protection review by IRLI personnel will ensure that these mandatory features are neither overlooked nor overdone," said Mike Hethmon, IRLI General Counsel. "Please let us help America by helping to craft durable and just legislation."