Ky. Lawmakers Review Cost Of Illegal Immigration
Web Produced: Jessica Noll
Email: Jessica.Noll@kypost.com
Last Update: 5/15 4:57 pm

FRANKFORT, Ky. – A report approved by a state legislative committee Thursday shows the overall cost of illegal immigration on state and local governments is indeterminable, although it makes a couple recommendations on how some costs can be reduced.

The recommendations approved by the Program Review and Investigations Committee could help lower estimated costs of providing services to unauthorized, or illegal, immigrants at Kentucky’s public schools and at local jails.

One recommendation is for the state to identity what information can be legally required for first-time enrollees in public schools, with compliance by all school districts.

The other recommends that the state support local corrections facilities that want to apply for federal SCAAP (State Criminal Alien Assistance Program) funds to help cover the cost of their illegal immigrant inmates.

Kentucky school districts spent an estimated $25 million educating illegal immigrants in 2007-2008, the report said, while an estimated $1.7 million to $2.8 million was spent incarcerating unauthorized immigrants in Kentucky jails and prisons in 2008.

Some lawmakers expressed concern with the state’s inability to quantify actual costs because of federal protections concerning immigration status. Only the federal government is able to determine if someone is in the U.S. legally, and the immigration status of individuals seeking public education and many public health services is federally protected from state and local inquiry, the report stated.

"It seems like in order to protect the illegal aliens, we’re criminalizing everyone out there," said Sen. Dan Seum, R-Louisville, who was told by legislative staff who researched the report that asking someone their immigration status is often a "gray area" legally.

When asked by Sen. Brandon Smith, R-Hazard, if changing state law to require better screening of inmates by correctional facilities would help reduce costs, staff said that depends on whether the federal government will take responsibility for the inmate. Cost and the federal government’s hesitancy to deport an inmate prior to completion of their sentence are two issues of concern to the feds, said staff.

"I imagine I’m not the only person in this room who thinks that’s foolish," answered Smith.

Committee Co-Chairman Rep. Reginald Meeks, D-Louisville, agreed with Smith that a bill should be drafted to create a standardized method for obtaining information on an inmate’s immigration status. Local jails and state prisons are allowed to check inmate status, although methods to identify suspected illegal immigrants vary from facility to facility, the report states.


The Department of Corrections and Department of Education are already taking some steps to accomplish goals recommended in the report. Corrections Commissioner LaDonna Thompson said five Kentucky correctional facilities applied for SCAAP funds in 2008. The funds cover the cost of incarcerating undocumented immigrants who have at least one felony or two misdemeanor convictions for violating state or local law, and have been incarcerated for at least four consecutive days in a certain period of time.

Kentucky Department of Education official Shelda Hale said her agency is responding to the committee’s recommendation with discussions about creating a document that combines federal and state case law regarding what schools may or may not require for enrollment. Hale said the document will be distributed to school and certain KDE personnel.

"Some examples of other reliable proof would be included to help schools comply," said Hale.


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