FL: Crackdown on illegal immigration
December 14, 2009
Crackdown on illegal immigration
State Rep. Janet Adkins, R-District 12, and state Sen. Carey Baker, R-District 20, have filed joint legislation for the 2010 legislative session focusing on illegal immigration in Florida.
A projected budget shortfall of $2 billion has made it a priority to address the cost and the negative fiscal burden that illegal immigration has on Florida's overall budget crisis, Adkins said in a press release. House Bill 421 and Senate Bill 856 will institute a "basic pilot program" to require all public employers to utilize electronic verification to ensure persons employed by state government are legal residents of the United States or have met the citizenship requirements in place. Private businesses will be exempt.
Illegal immigrants represent approximately 5.2 percent of Florida's overall population, with an estimated 950,000 undocumented individuals residing in the state, according to the press release. With the nation's fourth largest overall concentration of undocumented individuals, costs to taxpayers in Florida for emergency medical care, education and incarceration exceed $3.8 billion annually. The costs associated with illegal immigration have more than doubled in the past three years and represent an annual financial burden of $678 to each tax-paying Floridian.
"Floridians should expect their elected representatives to take care of the citizens first and to stop funding for illegal immigrants," Adkins said. "To do any less would be cutting services to Floridians and providing those services to these undocumented individuals."
Nearly 8.7 percent of public school students in Florida are children of illegal immigrants. State taxpayers spend more than $3.4 billion annually on the public education of illegal immigrant children. Over 250,000 illegal immigrant students are enrolled in special instructional classes to teach English at a cost of over $2,200 annually per student. The bill would require proof of lawful residence and citizenship of the United States to attend any public school, charter school, pre-K or educational institution in the state.
"As a state, we have and continue to face tremendous budget deficits. With education dollars continuing to come under intense scrutiny relating to the overall budget, it is only logical that we should be reviewing how the education funds are used and ensure that these funds are available to those students and families who are legal residents and citizens," Adkins said. "It is regrettable that we will be unable to educate the children of illegal immigrants but we have reached an impasse and lawmakers must make a choice regarding continued funding of illegal immigrants in the state or we will be faced with additional funding cuts to the public benefits necessary for our students and their taxpayer families who are here lawfully and legally."
The number of illegal immigrant students continues to rise as the number of births to illegal immigrants in the United States is also rising. Over $291 million is spent annually for taxpayer-funded and uncompensated health care costs for undocumented individuals, with over two-fifths of these total costs resulting from births to illegal immigrants in Florida. Nearly one-third of all persons utilizing hospitals and clinics for care are illegal immigrants.
Realizing that some services are necessary to protect public safety, the bill does comply with federal laws in place that allow for emergency care to those in need and will also allow for humanitarian assistance in the treatment and prevention of diseases, non-cash assistance and emergency relief (i.e., soup kitchens); however, it will direct state agencies to verify legal residency before any state benefits could be issued (i.e., food stamps, welfare, WIC, etc.).
"The bill's verification of lawful presence in the United States requirement to be eligible to receive public benefits will aid in controlling costs and easing the financial burden on Floridians and the ever increasing budget deficit," Adkins said.
Incarceration of criminal illegal immigrants accounts for $89 million annually in Florida's budget. This uncompensated cost figure does not include local jail or related law enforcement detention costs, judicial expenditures and the monetary cost of the crimes that led to the incarceration. Florida had incarcerated 5,678 documented illegal immigrants in state facilities as of Oct. 31.
This legislation would require that the Florida Department of Law Enforcement (FDLE) establish a memorandum of understanding with the Federal Department of Homeland Security regarding illegal immigrants confined in county detention. This would incorporate provisions that county sheriffs must be reimbursed for providing the detention and security of the illegal inmates. Local law enforcement officers can become cross-trained to aid with investigation and detention of individuals that are residing in the state unlawfully.
FDLE would also be required to establish a memorandum of understanding with the state Department of Corrections to provide temporary shelter and supervision for undocumented individuals in a minimum security facility and provide a method for collection of costs associated with these detentions.
"Florida will no longer be open to illegal immigration and allow for freedom of movement of undocumented individuals in the state," said Adkins. "Florida has acres of land available that could be used as a central detention facility for the supervision of the illegal immigrants until they can be deported to their home country. These facilities could provide a less restrictive environment than a county detention facility and a central facility will allow county sheriffs ease in transfer of these illegal individuals while the deportation proceedings are being finalized." A central facility will also allow FDLE to document those here illegally so that they can be identified if they return or attempt to apply for state benefits.
This legislation directs changes with the state Department of Highway Safety and Motor Vehicles requiring that an individual be a lawful resident of the United States to obtain a driver's license or identification card in the state. Additionally, one must be a lawful resident of the United States to collect lottery prizes from the state of Florida.
Tougher standards will be instituted to reduce illegal immigration in the state. The bill will make it unlawful to transport, harbor, shelter or conceal illegal immigrants from detection and will be considered a first-degree misdemeanor punishable in a court of law. The courts and judicial representatives will also have the ability to deny bail for persons who have entered the United States illegally. The legislation will also require that those who provide immigration assistance services, with the exception of attorneys and not-for-profits that provide similar services, to meet certain requirements and become licensed in Florida. These additional requirements will reduce exploitation of those who are here illegally.
With verification of citizenship becoming a key to combating the growing illegal immigration population in the state, alternative means to meet citizenship requirements will be allowed for legal residents. Those without the proper documentation will have an option to execute an affidavit, under the penalty of perjury, claiming their citizenship. This affidavit will be verified with the Federal Homeland Security systematic alien verification of entitlement program.
The bill will also grant state agencies with the ability to adopt rules to reduce the any hardship for the individuals they serve, thus reducing problems that may arise for legal residents of the state.
"With unemployment figures continuing to rise, it is necessary for policymakers to recognize the drain on the state's economy by illegal immigration. Remittances from illegal workers in Florida are mostly sent abroad, yet that same income earned by American workers would have remained and been used in the state," Adkins said.
A provision is also included in the legislation that would authorize the state Commissioner of Agriculture to seek a memorandum of understanding with the Federal Department of Homeland Security to establish standards for a bulk labor visa permit to allow guest workers to harvest crops.
"Agriculture is a major part of Florida's economic engine and we must ensure that our farmers have the labor that they need while also securing our borders and eliminating illegal immigration to the state," said Adkins.
The bill would create a statewide toll free hotline with the Florida Department of Law Enforcement will become the central point for reporting the presence of illegal immigrants and violation of immigration laws in Florida. State agencies, such as the Department of Health and the Department of Children and Families, will be required to verify citizenship and report cases of illegal individuals to the FDLE hotline.
HB 421 can be followed as it progresses through assigned committees and councils by accessing Adkins' page on the website at www.myfloridahouse.gov and selecting the "Sponsored Bills" tab.
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