TESTIMONY REGARDING HB 2367
“Kansas executive branch agencies shall establish procedures to validate the lawful presence within the United States of all persons age eighteen years of age or older receiving public benefits for which the recipient is required to prove lawful presence within the United States. Such Action is directed because although immigration is an issue that must be dealt with by our federal government; in a cooperative effort with such reform, the State of Kansas will herby specifically address the challenges of undocumented immigration in Kansas. Public benefits provided by Kansas executive branch agencies should be limited to those persons eligible to receive such benefits. Validation procedures will minimize state resources improperly being directed to undocumented immigrants in cases where such persons are not entitled to benefits. Further, such validation will deter future undocumented immigration to the State of Kansas.” Governor Katheleen Sebelius, Executive Order No. 06-371, August 24, 2006
As clearly set forth by the Governor deterring undocumented immigration to Sate of Kansas is an important public policy objective that should unite Republicans and Democrats. HB 2367 would further this goal by establishing clear, unified and achievable standards for determining a persons lawful presence in the United States. Federal law specifically addresses the issue of the eligibility of illegal aliens. Indeed Title 8 Chapter 14 is titled Restricting Welfare And Public Benefits For Aliens Eligibility For State And Local Public Benefits Programs.
8 USC 1621 is quite clear that an undocumented alien “is not eligible for any State or local public benefit” in the absence of “a State law after the date of the enactment of this Act which affirmatively provides for such eligibility.” HB 2367 would restrict public benefits for undocumented aliens to the maximum extent provided by Federal Law. With this in mind, and similar to the Governors Executive Order, undocumented 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.
The core of HB 2367 is its requirement that applicants for public benefits provide affirmative proof of their lawful presence in the United States. Applicants will be able to receive benefits for up to 90 days while gathering appropriate documentation and for an indefinite period while awaiting action on a proper request for a birth certificate is pending.
Again, HB 2367 will promote the rule of law by deterring future undocumented immigration to the State of Kansas, and it will establish a unified and easily understandable process for the verification of lawful presence by those seeking public benefits. Respect for the rule of law is neither a Republican issue nor a Democrat issue; it is a foundational principle of any society committed to the concept of ordered liberty.