The fundamental issue at stake in the debate over illegal immigration is respect for and adherence to the rule of law. While immigration policy certainly involves many issues that can only be resolved at the federal level, this in no way absolves the State of Kansas from taking those actions that are within the scope of its lawful authority. It should go without saying that all people are entitled to be treated with dignity and to be afforded basic human rights. That having been said, citizens of The United States have both a right and an obligation to expect their government to enforce an orderly and lawful immigration system. Policies that provide incentives for people to skirt the law are inherently counterproductive and must be reformed.

HB 2836 advances the rule of law by setting forth the following important reforms:

• Making it unlawful for a Kansas Business to knowingly hire an unauthorized alien.
• Requiring all Kansas employers, including government entities, to participate in the federal e-verify system in order to determine the immigration status of potential employees.
• Establishes license suspension as the penalty for knowingly hiring an unauthorized alien, and/or failing to use e-verify.
• Clarifies that a determination of immigration status must be made by the federal government under 8 U.S.C. 1373(c), and can not be made by the employer itself.
• Requires state and local law enforcement to inquire into the immigration status of persons detained for violation of any law. Such inquiry is to be made regardless of the persons race or ethnicity. Where a person indicates that he/she is not a citizen law enforcement will verify the persons immigration status with the federal government.
• Any local unit of government determined to be restricting law enforcement officers from making citizenship and immigration status inquiries will be denied state funding. (No sanctuary cities).
• Directs the AG to enter into agreement with the Department of Homeland Security to Designate specific state law enforcement officers as qualified to exercise enforcement powers of federal immigration officers.
• Would deny certain public benefits to persons not lawfully present in the United States.
• Federal law specifically addresses the issue of the eligibility of illegal aliens for public benefits. Title 8 Chapter 14 is titled Restricting Welfare And Public Benefits For Aliens Eligibility For State And Local Public Benefits Programs.
• Unauthorized aliens would remain eligible for emergency medical treatment, in-kind emergency disaster relief, public health assistance for immunization and treatment of communicable diseases, programs such as soup kitchens, crisis counseling and short term shelter to the extent such programs are authorized by the Attorney General of the United States. Children without lawful status would continue to receive full K-12 educational benefits.
• As drafted HB 2836 does not change current state law relating to instate tuition. Although I would support an amendment to change Kansas law in this regard.
• Cities or counties would be allowed to pass local ordinances restricting the rental of housing to unauthorized aliens, prohibiting the employment of unauthorized workers, and granting standing to lawful employees to sue employers who hire unauthorized aliens.
• Businesses would be prohibited from claiming wages or other expenses relating to unauthorized aliens as a business expense for tax purposes. Individuals would be prohibited from claiming as an itemized deduction, any payment to an unauthorized alien.
• Creates the crime of employment identity fraud making it a level 8 nonperson felony to willfully present false or misleading identification documents to an employer for purposes of obtaining employment.
• Requires the Dept. of Revenue not to issue a drivers license, permit or identification card to a person without a valid social security number, or has been verified to be a lawful alien pursuant to 8 U.S.C. 1327(c).
• Increases the penalty for dealing in false identification documents (level 6 nonperson felony), and vital records identity fraud (level 7 nonperson felony).
• Provides that when a non-citizen is charged with a crime their immigration status must be verified. If the person is an unauthorized alien then their shall be a rebuttable presumption that they are a flight risk for purposes of granting an appearance bond.
• Creates a new crime of inducing or aiding a person to vote who is not lawfully registered. This crime, as well as voting if not lawfully registered, are both level 9 nonperson felonies.