http://www.kentucky.com/mld/kentucky/ne ... 689151.htm

Posted on Mon, Jan. 23, 2006

GENERAL ASSEMBLY

A hot-button topic for 2006: immigration
BILLS WOULD ALLOW POLICE CHECKS, PUNISH HIRERS OF ILLEGAL MIGRANTS
By Steve Lannen
HERALD-LEADER STAFF WRITER

The growing concern and rising frustration over immigration around the nation has sparked a flurry of legislative activity in Kentucky and numerous other states.

Across the country last year, states considered about 300 immigration-related bills and passed about 10 percent of them, according to the National Conference of State Legislatures. And this year, immigration bills are becoming increasingly common, especially in states nowhere near the Mexican border, such as Kentucky, that are experiencing an increase in their immigrant populations.

"The issue is no longer just in the border states ... especially in communities that are in rural areas," said Edgar Ruiz, program director for the Council of State Governments West in Sacramento, Calif. "They have these new realities to deal with."

The proposed immigrant legislation involves everything from public benefits and education or employment to identification and law enforcement.

In Kentucky's current legislative session, proposed bills include legislation that would allow local and state police to question a person's immigration status, punish employers who knowingly hire undocumented immigrants, criminalize human trafficking and require students to prove their U.S. citizenship or legal residency in order to be admitted to a state university.

Immigration "is a problem that's growing exponentially. I think it's something that's gone unnoticed a long time," said Rep. Stan Lee, R-Lexington, a sponsor of several immigration bills.

Last year, Lee proposed legislation that would have required students to prove they are U.S. citizens or have legal resident status in order to be admitted into a Kentucky college or receive financial aid. Lee also filed a resolution to study the costs of educating children of undocumented workers in Kentucky's public schools.

Neither bill made it out of legislative committee, but Lee brought them back this year. In addition, he is sponsoring legislation that would deny in-state tuition to those who can't prove legal residency. He also is co-sponsor of a bill that would fine employers $5,000 for knowingly hiring someone who entered the U.S. illegally.

Yet another of his bills would authorize local or state police to question people about their immigration status. Lee said that is in response to a Lexington police policy of not enforcing federal immigration law.

"How do you explain to a taxpayer that a police officer sworn to uphold the law doesn't even ask" about a person's immigration status, Lee said. "This would prohibit any 'don't ask, don't tell' policy."

But Lexington Police Chief Anthany Beatty said that if police are expected to question people about their immigration status, the department could face accusations of racial or ethnic profiling. In addition, he said, it would severely affect the level of trust police have worked to build in the city's immigrant communities.

Opponents of the bill argue that federal immigration law does not permit states to allow police to enforce immigration laws unless they enter into a special agreement. Lee's bill failed a judiciary committee vote two weeks ago. Lee said he is reworking the bill and is undecided on whether he will attempt to resurrect it this session. "It's not a dead issue," he said.

Lee's proposals could face some opposition.

Much of the proposed legislation in Frankfort calls for measures that are punitive, said Cori Hash, an attorney at the Maxwell Legal Clinic in Lexington.

"They are trying to make life so hard for immigrants in this state, they're trying to force people to go home," she said. "In my opinion, precedence has shown cracking down is not effective. If anything, it backfires."

Josh Santana, president of the Lexington Hispanic Association, also said he opposes the legislation.

He called the proposals "bad ideas" that demonstrate an "attitude that can become infectious and dangerous" against a vulnerable group.

The proposed bills in Kentucky and elsewhere represent the frustration of a broken immigration system, advocates and lawmakers said.

Among the laws passed last year in other states were an Arizona law preventing cities from constructing day labor centers if the centers assist undocumented immigrants, and a Virginia measure that denies some state or local public benefits to undocumented workers, according to the National Conference of State Legislatures' August 2005 report "Immigrant Policy-News from the States."

Some Kentucky lawmakers said ultimately Congress must act.

Rep. Brad Montell, R-Shelbyville, is sponsoring two resolutions that urge Congress to shore up the border and compensate states for the services and care provided to people who crossed the border illegally.

"There's really not a solution at the state level," he said. "When it comes to health care, education, etc. those are federally mandated services we are to provide. We've got to face up to the fact that it's not working and it's not going to go away."

Many predict immigration will be a well-played issue, because some in Congress and the state legislature are up for election later this year.

In December, the U.S. House of Representatives passed a border-security bill that aid groups and churches fear could criminalize their assistance to immigrants.

The Senate is expected to consider the legislation next month along with several other proposals, including a temporary guest-worker program.

It will probably take a lot of action by Congress to mollify the growing frustration of state leaders, whose constituents are living in states with increased immigration.

Montell called any state legislation "baby steps," but added, "it may take state legislation like this to get our federal government to wake up and say, 'We've got to address this.'"


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On the Net

Does Kentucky need more laws to regulate illegal immigrants? Discuss the issue on our discussion board with this story. www.kentucky. com


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Reach Steve Lannen in the Herald-Leader's Georgetown bureau, (502) 867-1354 or e-mail slannen@herald-leader.com.