HOUSE SUBSTITUTE FOR SENATE BILL NO. 329 - IMMIGRATION REFORM

FED & STATE - MARCH 12

KNOWINGLY HIRING

• Employers may not knowingly hire unauthorized aliens.
• The rules will be as in federal law today (8 U.S.C. 1324a)

VERIFICATION

• On 7/1/08 state agencies, boards, municipalities who are employers must use e-verify.
• Dept. of Commerce must use the SAVE system to verify employment authorization for any alien using workforce centers.
• Employers who have violated federal hiring rules must enroll in and use e-verify.
• On 7/1/09 state contractors with contracts over $10,000 must use e-verify.
• On 7/1/10 the department of labor will become an e-verify designated agent for all employers in Kansas. Employers may opt to do their own verification. The department will indemnify businesses for which it is an agent against all claims, suits, etc., related to hiring based on e-verify.

COMPLAINTS AGAINST EMPLOYERS

• Complaints against employers of knowingly hiring unauthorized aliens may be filed with the Attorney General, who will investigate.
• Violations will be enforced by district court or county attorney where the violation occurred.
• If found guilty, the business must terminate the employment of unauthorized aliens and will be put on a three-year probation and sign an affidavit.
• On a second violation there is a five-year probation, they must file quarterly reports with the AG, and all licenses will be suspended for 10 to 30 days.
• On a third violation there will be a permanent suspension of business licenses.
• Registration and use of e-verify may be used as an affirmative defense against a charge of knowingly hiring an unauthorized alien.
• Filing a frivolous complaint against an employer is a class B misdemeanor.

ROLE OF STATE AND LOCAL LAW ENFORCEMENT

• State, county, and city law enforcement shall inquire into the citizenship and immigration status of anyone arrested. If the person says they are not a citizen, law enforcement will check status with federal immigration.
• The Attorney General may determine if law enforcement agencies are in violation of their duties in this section of the bill and those in violation will lose state funding until they prove to the AG they are in compliance.

ATTORNEY GENERAL MOU

• The AG will enter into an MOU with homeland security to designate state law enforcement officers as qualified to enforce federal immigration laws.

BENEFITS

• Aliens unlawfully present may receive only those benefits required by federal law or as required by Kansas law (i.e., in-state tuition).
• Applicants for benefits over the age of 18 must prove they are a citizen or legal permanent resident or sign an affidavit under oath.
• This section outlines the verification of eligibility, pretty much as we do it now.

EMPLOYMENT IDENTITY FRAUD

• Willfully presenting false ID to get a job is a new crime called employment identity fraud and is a severity level 8, nonperson felony.

DRIVER'S LICENSES/IDENTIFICATION CARDS

• If a social security number presented to get a driver's license/ID card is found to be fraudulent, the license will not be issued, or revoked if already issued.
• No driver's licenses/ID cards will be issued to aliens until homeland security has verified them through SAVE.
• There are increased penalties for dealing in false identification or vital records.

APPEARANCE BONDS

• If a non-citizen is charged with a crime, their immigration status will be verified with the feds and if found to be here unlawfully, that person will be assumed to be at risk of flight.

VOTING FRAUD

• There are penalties for inducing or aiding a person to vote who is not lawfully registered or for voting without being qualified.