Senator Delph's proposed immigration bill:
pdoc1640.pdf [214 KiB]
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Requires the department of correction to: (1) evaluate the citizenship and immigration status of a
committed offender; and (2) notify and assist the United States Department of Homeland
Security under certain conditions. Provides that the fact that a defendant is a foreign national not
lawfully admitted to the United States is a fact relevant to the risk of nonappearance a judicial
officer must consider in setting bail. Requires an individual filing a claim for unemployment
insurance to provide certain information in person to the department of workforce development.
Prohibits an employer from knowingly hiring, after September 30, 2009, an unauthorized alien.
Authorizes the attorney general to: (1) investigate a complaint that an employer knowingly
employed an unauthorized alien; (2) verify the work authorization of the alleged unauthorized
alien with the federal government; (3) notify United States Immigration and Customs
Enforcement, local law enforcement agencies, and the department of labor (department) under
certain conditions; and (4) maintain certain records of violation orders. Requires the department
to initiate administrative proceedings against an employer for knowingly hiring an unauthorized
alien. Prohibits the department from initiating a proceeding against an employer that verifies the
employment authorization of an employee through the E-Verify program. Establishes an
affirmative defense if the employer complied in good faith with the federal employment
verification requirements. Makes it a Class B misdemeanor to file complaint, knowing the
complaint if false or frivolous, with the attorney general or a department. Prohibits a
governmental body from enacting an ordinance, resolution, rule, or policy that prohibits or limits
another governmental body from sending, receiving, maintaining, or exchanging information on
the citizenship or immigration status of an individual. Allows a person to bring an action to
compel a governmental body to comply with the prohibition. Requires a state agency or political
subdivision to verify employees through the E-Verify program. Prohibits a state agency or
political subdivision from entering into or renewing a public contract for services with a
contractor unless the contract requires the contractor to verify employees through the E-Verify
program. Provides that: (1) a state agency or political subdivision may terminate a public contract
for services under certain conditions regarding the knowing employment or retention of
unauthorized aliens; and (2) if a public contract for services is terminated, a contractor is liable
for actual damages. Allows a contractor of a public contract for services to terminate a contract
with a subcontractor if the subcontractor employs or contracts with unauthorized aliens. Increases
penalties for certain crimes. Establishes additional penalties for certain crimes. Makes
committing false identity statement a Class A misdemeanor. Makes making or distributing a
forged instrument a Class C felony. Makes it a Class C felony for a person to knowingly or
intentionally make, with the intent to distribute, a document that is not issued by a government
entity and that purports to be a government issued identification. Makes it a: (1) Class A
misdemeanor to knowingly or intentionally transport or move; and (2) Class A misdemeanor to
knowingly or intentionally conceal, harbor, or shield from detection; an alien, for purposes of
commercial advantage or private financial gain, knowing or in reckless disregard of the fact that
the alien has come to, entered, or remained in the United States in violation of law. Appropriates
$500,000 to the department and $500,000 to the attorney general from the state general fund for
each year of the biennium beginning July 1, 2009, and ending June 30, 2011.