Checking in with the States: July 17

In addition to Michigan considering granting in-state tuition to illegal aliens, state & local bills on immigration issues are moving in California, Washington, D.C. and North Carolina.

California
Assembly Bill 4, the so-called TRUST Act, was amended and passed out of the Senate’s Public Safety Committee, read a second time, and ordered to a third Reading on July 3. The Committee rejected the recent amendment that (1) extends pretrial or post-conviction services to persons regardless of immigration detainer or immigration status and (2) prohibits law enforcement officials from arresting or detaining a person based on an administrative warrant based solely on a violation of civil immigration law. The bill has been made to conform to Governor Jerry Brown’s (D) veto message of AB 1081 in 2012 by including a host of crimes not covered by AB 1081, including child abuse, drug trafficking, selling weapons, using children to sell drugs and gangs.

Assembly Bill 60 removes the lawful presence requirement to obtain a California driver’s license, was read a second time and amended and re-referred to the Senate Committee on Appropriations and is scheduled for hearing on August 12 at 10 a.m. PDT. One of the amendments to the bill include a provision that prohibits police officers from detaining or arresting a person solely on the belief that the person is an unlicensed driver, unless the officer believes the driver is under 16 years of age. Assembly Bill 817 makes legal permanent residents eligible to serve as precinct board members  (i.e. poll clerks or workers), was read a third time and passed the Senate. It has been sent back to the Assembly to agree with certain technical amendments. In addition to helping set up and close the polling place, clerks are assigned duties that help voters to receive and cast their ballots including the following:

• Complete assignments from the inspector including, but not limited to locating voter names on rosters; obtaining voter signatures; providing simple instruction to voters; issuing, receiving, and depositing ballot card(s); setting up and cleaning up a polling place
• Review information on Election Day procedures
• Assist Inspector in “covering” tasks during Precinct Board member meal breaks
• Accompany inspector to return center to transport all supplies and ballots on election night (if requested; only one clerk is required)
• Act in inspector’s absence as needed.

Assembly Bill 263 prohibits an employer from discharging an employee or any manner discriminating, retaliating, or taking an adverse action against an employee because the employee updates or attempts to update his or her personal information, unless the changes are directly related to the skill set, qualifications, or knowledge required for the job, was read a second time and amended, and re-referred to the Senate Committee on Appropriations on July 8 and is scheduled for hearing on August 12 at 10 a.m. PDT.

Senate Bill 141 grants in-state tuition and financial aid eligibility to any U.S. citizen child whose parent(s) were deported or voluntarily departed the U.S. and 1) moved abroad; 2) lived in California immediately before moving abroad; 3) attended an elementary or secondary school in California for 3 or more years; 4) is enrolled for their first year at a California college or university; and 5) demonstrates a financial need for the exemption, has been referred to the Assembly Committee on Higher Education and is scheduled for hearing on August 6 at 1:30 p.m. PDT.

Read more about current legislation in California. 

Washington, D.C.
Bill 20-275, the so-called “Driver’s Safety Amendment Act of 2013” which grants driver’s licenses, permits, and ID cards to illegal aliens, passed the first vote reading as amended to not comply with REAL ID on July 10.  It has been reported that the council won’t take a final vote on the bill until this fall.

The requirements to obtain a driver’s license, permit or ID card are as follows: (1) reside in the District of Columbia for six months, (2) ineligible to get a Social Security Number, (3) obtain an individual tax identification number from the IRS, and (4) unable to demonstrate lawful presence. The applicant can use foreign passport or birth certificate (translated into English if necessary) to prove identity. The license or ID card is valid for eight yrs. The mayor of D.C. must implement the act within 300 days after the effective date (signature of mayor, 30-day period of congressional review, and publication in the D.C. Register).

North Carolina
House Bill 786, an omnibus immigration-related bill that guts North Carolina’s E-Verify law and grants driver’s licenses to illegal aliens, was reported favorably as to House Finance Committee substitute on July 11 and has been placed on the House calendar for July 17.

Update: Yesterday, HB 786 was effectively defeated by changing the bill into a study bill on the matters it contained, and the study must be completed by March 1, 2014. The final vote is expected today in the House.

One substantive section was preserved that prohibits a county, city, board or governing body of North Carolina, institution of North Carolina government, or any political subdivision of North Carolina from entering into a contract with a private entity unless the contractor and the contractor’s subcontractors register and participate in E-Verify to verify the work authorization of new employees. Along with this good provision, the definition of “employee” for E-Verify purposes was amended to exclude seasonal workers or employees employed for less than 10 months out of a year. (The original bill stated 12 months.)