Published Friday | February 29, 2008
Your Legislature: Setback for immigration bill
BY LESLIE REED
WORLD-HERALD BUREAU

LINCOLN — The Legislature's Judiciary Committee voted Thursday to kill Gov. Dave Heineman's bill targeting illegal immigration, but it may not be the last word on the matter.

State Sen. Ernie Chambers of Omaha moved to kill Legislative Bill 963, saying outbursts and comments from some supporters during Wednesday's public hearing demonstrated that the measure fuels racism.

The vote was 5-1 to kill the bill.

Chambers said Heineman and Attorney General Jon Bruning were "riding the crest of racism" with their support of LB 963.

At one point during the committee's meeting Thursday, Chambers dropped to the floor and started doing push-ups.

After he stopped, he said he had needed to vent excess energy because he was so infuriated by the public hearing and the bill.

Heineman and Bruning could not be reached for comment. They plan to hold a press conference this morning to discuss the measure, said Jen Rae Hein, a spokeswoman for the governor.

After speaking with Heineman aides later Thursday, Sen. Brad Ashford of Omaha said five committee members agreed to take a second look at the bill.

It was not clear when that would occur. Ashford, the committee chairman, was one of the five who agreed to take another look.

The panel also voted 5-1 to kill Legislative Resolution 224, a proposal from Sen. Tony Fulton of Lincoln that Nebraska law enforcement agencies cooperate with federal authorities in enforcing immigration law.

Legislative Bill 1170, introduced by Sen. Tom White of Omaha, would allow lawsuits seeking damages from companies that hire illegal immigrants. The vote to kill that measure failed 4-4.

"Those racists we heard yesterday are one reason to kill every one of those bills," Chambers said.

He was joined in killing LB 963 by Sens. DiAnna Schimek and Amanda McGill, both of Lincoln, Dwite Pedersen of Omaha and Vickie McDonald of St. Paul. Ashford and Sen. Steve Lathrop of Omaha abstained from voting.

Sen. Pete Pirsch of Omaha cast the lone vote to keep LB 963 alive. He urged colleagues to take more time to think about the measure before making a final decision.

Other committee members said they voted to kill the bill because Heineman and Bruning hadn't made the case that it would do anything that isn't already required under federal law.

They said the bill appeared to be a smoke screen for repealing a Nebraska law that allows undocumented immigrants to attend college at resident tuition rates. The Legislature passed that measure over Heineman's veto in 2005.

"I don't know how anybody can support this bill," said Schimek, who sponsored the college tuition bill. "They just didn't make their case."

The Heineman measure proposes that noncitizen applicants for government benefits be verified through a Department of Homeland Security database to ensure their status as legal residents of the state. It also would repeal Nebraska's benefit offering in-state tuition rates to undocumented immigrants.

Schimek said state agencies already should be verifying the status of noncitizens under existing federal law.

Chambers disputed Heineman's claim that verification efforts last year saved the state $225,000 in unemployment benefits.

Heineman and a Labor Department attorney said 78 unemployment applicants were denied benefits after their legal residency could not be verified through the system the bill proposes.

Attorney John Albin said assuming average benefits paid for the average length of time, those applicants would have collected $225,000 in benefits.

Illegal immigrants wouldn't qualify for average benefits because they tend to be paid below-average wages, Chambers said.

To have qualified for the average unemployment benefit, he said, they would have had to be working jobs paying $11.60 an hour.

The crowd at Wednesday's hearing, which included several activists from groups fighting illegal immigration, was chastised at least three times for outbursts.

Committee members also cited testimony from Michael J. McAlpine of Omaha, who said he knew illegal immigrants were receiving public benefits because he saw a young woman speaking Spanish using food stamps at the grocery store.

Asked how he knew she was illegal, McAlpine said he assumed she had not come here legally because she spoke Spanish and relied on her young children to translate for her.

He said he had no way to know for sure but "probably 99 percent" of those who speak Spanish are illegal.

McDonald said those comments were one reason why she could not support White's bill to allow citizens to file lawsuits against companies that recruit illegal immigrants.

"We'll have people filing suit because they saw a lady and her children who didn't speak English," she said. "This would fill the courts with all kinds of crap."
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