http://www.omaha.com/index.php?u_pag...u_sid=10223828

Published Friday | January 4, 2008
New Nebraska bill would target benefits for illegal immigrants
BY LESLIE REED Omaha World-Herald

LINCOLN — Gov. Dave Heineman unveiled a legislative proposal Friday aimed at ensuring that illegal immigrants do not get state or local government benefits in Nebraska.

The plan, backed by Attorney General Jon Bruning and State Sen. Mike Friend of Omaha, would require state and local agencies to verify that people are legal U.S. residents before extending benefits. Those benefits include state or local retirement, welfare, health care, disability, public housing, food assistance or unemployment benefits.

It also would repeal a 2005 law that allows illegal immigrants to attend the University of Nebraska at in-state tuition rates. That law was passed by the Legislature over Heineman's veto.

Heineman said he asked Friend to introduce the bill because many Nebraskans have told him the state must act to curb illegal immigration. He said illegal immigrants aren't supposed to get government benefits under existing law but that some may slip through the cracks if their status is not being properly verified.

"This is a measured and targeted proposal," he said. "Every agency will be asked to verify and deny benefits where they shouldn't go. I hope they're doing that now, but I suspect it isn't always true."

State Sen. Ray Aguilar of Grand Island, chairman of the Legislature's Government Committee, said he hadn't seen the proposal yet. He questioned the need for it.

"I don't know what benefits people can get if they don't have a Social Security number," he said.

State Sen. DiAnna Schimek of Lincoln, who sponsored the 2005 in-state tuition law, said she was incensed by the proposal. She said it will have little impact, except to create hard feelings.

"It is such a mean-spirited attempt to curry favor with some of those who are so noisy on this issue," she said.

Rebecca Valdez, executive director of the Omaha-based Latino Center of the Midlands, said her center will strongly oppose the bill.

She said it would require additional state spending for immigration enforcement that should be the task of federal agencies.

"This is wrong on many different levels," she said. "Above all, you're turning state employees into enforcement agents."

Bruning and Heineman said a more stringent verification system is needed, as well as an explicit statutory requirement that everyone's legal status be verified as part of the benefit application process.

The details of the proposal are still being drafted. A final version wasn't available for review Friday.

Jen Rae Hein, a spokeswoman for Heineman, said the measure would require applicants for state and local benefits to complete a sworn statement about citizenship or immigration status.

Those who claimed to be legal immigrants would have their status verified with the Systematic Alien Verification for Entitlements (SAVE) Program, a database operated by the U.S. Citizenship and Immigration Service.

Each verification would cost 20 to 26 cents.

The change must be made with a law, not an administrative order, because Heineman wants it to apply to all state and local agencies, boards and commissions, not just those under his direct supervision, Hein said.

Although government agencies already verify citizenship status with a variety of documents, such as driver's licenses, passports, birth certificates and even yearbook photos, the proposed law change would create a standardized system for use by all government agencies.

Government benefits affected by the proposal include health care, welfare, disability, public housing, food assistance, unemployment benefits, and state or local retirement. Friend said he had needed some convincing before he agreed to promote the legislation on behalf of the governor.

"This took some soul-searching for me," he said.

He said he would refuse to champion legislation that could be used as grounds for gathering up people to incarcerate or deport them.

"If that's part of the motivation, I wouldn't be part of it," he said.

He said one reason he supports the proposal is that the state has a responsibility to make sure tax dollars are spent on behalf of legal residents.

Bruning agreed.

"State benefits have to be reserved for Nebraska citizens," he said. "We just can't allow people to sneak in the back door."

The bill will contain exceptions to make sure children get food and people get emergency medical care, the three officials said. Federal law requires that children of illegal immigrants be allowed to attend public schools.

In addition, children born in the U.S. are citizens, even if their parents did not legally immigrate, and are entitled to government benefits such as food stamps and welfare, which are issued to their parents on their behalf, Heineman said.

Although the three officials could offer no estimates on how many illegal immigrants might be receiving government benefits or how much money the measure might save, they said it was not just a symbolic measure.

"I've got better things to do with my time than thump my chest," Friend said.

World-Herald staff writer Cindy Gonzalez contributed to this report.