Published Tuesday | March 4, 2008
Measure sought to block benefits to illegal immigrants
BY LESLIE REED
WORLD-HERALD BUREAU

LINCOLN — The battle of words continued Monday about a bill killed in a legislative committee that was aimed at preventing illegal immigrants from receiving government benefits.

Gov. Dave Heineman predicted that members of the Judiciary Committee will continue to hear from Nebraskans unhappy that the committee voted 5-1 to kill Legislative Bill 963.

But committee members said they weren't swamped by correspondence — they're actually getting more e-mails and phone calls about gun control, thanks to a National Rifle Association alert that went out last week.

Committee members said they have received some "pretty tough" e-mails and phone calls since Heineman and Attorney General Jon Bruning called on Nebraskans to voice their disagreement with the committee's action.

But lawmakers said about 30 to 40 percent of the immigration input came from people who agreed with the decision to kill the bill.

The measure would require all applicants for public benefits to sign a sworn statement that they are citizens or legal residents of Nebraska. All state and local government agencies would be required to verify the legal status of applicants for benefits through a Web site of the Homeland Security Department.

The measure also would repeal a law that allows undocumented immigrants to attend college at resident tuition rates. That law was passed over Heineman's veto in 2005.

Judiciary Committee Chairman Brad Ashford said Heineman thwarted efforts to find common ground with a Friday press conference in which he angrily demanded that the committee reconsider, repeated his call for repeal of the tuition benefit and urged Nebraskans to contact committee members.

"I don't think right now there is the necessary trust between the legislative branch, in the Judiciary Committee, and the executive branch of government to address this issue today," Ashford said Monday.

He said lawmakers can negotiate only if they're confident that both sides are looking for a real solution — not just to score political points on a divisive issue.

"We need to move beyond the politics of confrontation and conflict," he said. "Let's move to a new way."

Heineman said people came up to him to voice support for his stance during his public appearances on the weekend.

"This is an issue the average Nebraskan understands very well," he said. "They do not believe that illegal immigrants should receive state and local benefits. I just hope the Legislature will listen, and I hope they have the debate."

Heineman has not cited an instance in which he believed undocumented immigrants received government benefits to which they aren't entitled under federal law.

State senators have said federal law already prohibits government agencies from providing the benefits in question to illegal immigrants.

Office staff for each of the six Judiciary Committee members reported receiving 80 to 100 e-mails on the weekend. Each also received four to 12 phone calls, although Ashford reported "several dozen" calls.

Sen. Dwite Pedersen of Omaha said his phone answering machine had 11 voice mails from Saturday through Monday afternoon: two in support of Heineman, three in support of the committee's decision and six on the gun control bill.

Heineman did not answer when asked if he would push for the full Legislature to force the bill out of the committee. He said that was a decision for the bill's sponsor, Sen. Mike Friend of Omaha. Friend said last week that it was unlikely that he would make such an effort.

But Ashford said the bill cannot survive if Heineman insists upon the repeal of the tuition law.

Monday, Heineman repeated his often-cited goal of uniformity and consistency. Without the bill, he says, there can be no assurance that local agencies and state agencies not under the governor's control are following similar procedures to verify immigrant status. He said he's not drawing "a hard line" by insisting that the tuition benefit be repealed.

"We're saying it should be consistent across the board, " he said. "It's a simple concept: If you're here legally, you're entitled to benefits. If you're not, you're not."

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