Thread: KS: House Immigration reform advances

Immigration reform advances; Sebelius has picketing bill
By James Carlson
The Capital-Journal
Published Friday, March 28, 2008

The House late Thursday created new crimes aimed at curbing illegal immigration but stripped penalties for businesses knowingly hiring unauthorized workers.

The House's first-round approval of the immigration bill came the same day the Senate voted during final action to pass its version.

The House legislation would criminalize voter fraud, identity fraud, and misclassification of workers and would require employers to use E-Verify, a federal database that checks the citizenship status of workers.

"I think this goes a long way toward directing penalties to the offending businesses," said Rep. Richard Carlson, R-St. Marys, author of the amendment that rewrote the bill.

The immigration debate came on a full day under the Statehouse dome. In the Senate, lawmakers passed the funeral picketing ban on to Gov. Kathleen Sebelius, who said she would sign it. The House also approved a bill allowing manufacturers, dealers and individuals to own automatic weapons.

Much of the House immigration debate centered on how to deal with businesses that knowingly hire undocumented workers. The approved proposal would open up businesses to contempt of court fines or possible jail time if they knowingly hire undocumented workers, but critics of the bill decried those sanctions as a slap on the wrist compared to the original language.

The bill with which the House began debate would have suspended business licenses from 10 days to indefinitely for employers violating a ban on hiring illegal immigrants.

A coalition of 36 business organizations, such as the Kansas Livestock Association and the Kansas Chamber of Commerce, said the old language would have deputized businesses as enforcers of immigration law and hurt employers.

"Does any one of us want to drive Cessna away from the state?" asked Rep. Mario Goico, R-Wichita, a supporter of the new bill.

But at least one legislator in favor of stricter penalties mocked the business coalition.

"They want us to believe they're the brightest, most innovative, creative minds in the world," said Rep. Nile Dillmore, D-Wichita. "But when it comes to being able to follow employment law, they're deaf, dumb and blind?"

The bill also mandates the E-Verify system for all businesses in the state by 2011. Employers who use the system before that date would have an absolute defense against claims of hiring undocumented workers.

The Senate bill makes it a crime to use false identification to get a job, engage in human trafficking or coerce workers. It also creates an illegal immigration enforcement unit within the attorney general's office.

During the hours-long debate, House members beat back attempts to prohibit in-state tuition to children of illegal immigrants and another attempt to strengthen the business penalties.

http://cjonline.com/stories/032808/sta_262506076.shtml

March 28, 2008, 2:23PM
Immigration Bill Passes House


By CARL MANNING Associated Press Writer
© 2008 The Associated Press

TOPEKA, Kan. — The House on Friday passed an illegal immigration measure, but only after lawmakers rewrote it to the point where its chief sponsor disowned it.

Among other things, the measure increases penalties for using false documents to gain illegal employment and creates the crime of helping an illegal immigrant to vote. It also creates criminal penalties for businesses that illegally treat workers as independent subcontractors.

Supporters said the House bill helps deal with the growing problem of illegal immigrants in the state, while detractors said it was watered down to appease the business community. Among other things, the House eliminated a provision that would have revoked the licenses of businesses after a third conviction of hiring an illegal immigrant if the company doesn't use the federal E-Verify database to check whether people are in the country illegally.

The 96-27 vote means the final version will be drafted by House and Senate negotiators. The Senate passed its illegal immigration bill Thursday.

The chief sponsor, Rep. Lance Kinzer, voted against the bill, saying it failed to provide any meaningful enforcement against businesses hiring illegal immigrants.

"This bill is a farce," said Kinzer, an Olathe Republican.

But Rep. Raj Goyle, a Wichita Democrat, called the bill "tough and effective" and said it "will go a long ways towards addressing the problem of illegal immigration."

Dealing with illegal immigration has been high on the agenda of many legislators, who say they are responding to constituents' concerns about the increased number of illegal immigrants in Kansas. Some estimates put the number at 90,000.

Originally, the E-Verify requirement would have kicked in for most businesses in 2010 but would have applied this year for any business convicted of hiring an illegal immigrant. But the version approved by the House pushed back the date for requiring all employers to use E-Verify to 2011 and mandated it this year only for employers convicted a second time of hiring illegal immigrants. It also did away with the threat of any revocation of business licenses.

The House also removed language requiring police officers to ask about a person's citizenship when arrested.

During debate Thursday night, Kinzer warned the reworked bill contained "many poison pills" that would make it unenforceable and cause the courts to strike it down.

But a coalition of 36 business groups, led by the Kansas Chamber, Kansas Farm Bureau and Kansas Livestock Association, lobbied against E-Verify and revocation of business licenses. They said it placed an undue burden on employers and turned them into immigration police.

The Senate bill makes it a crime to use false identification to get a job, engage in human trafficking or coerce workers. It also creates an illegal immigration enforcement unit within the attorney general's office.

It makes hiring illegal immigrants a civil offense for businesses. Courts could order employers to stop hiring illegal workers and the employer could be fined or jailed for contempt of court if it doesn't comply with the order.

http://www.chron.com/disp/story.mpl/ap/fn/5656763.html

Are you listening Washington DC. Almost every state has some bill or bills in the offing to stop illegal immigration or portions of it.