• Requires a county sheriff to make a reasonable effort to determine the citizenship status of a person confined to a county jail for a period of time and to verify the immigration status of a confined foreign national, and makes it a rebuttable presumption, for the purpose of determining the grant or issuance of a bond, that a person verified by the sheriff's efforts as a foreign national not lawfully admitted into the United States is at risk of flight;
• Provides that the Alcoholic Beverage Control Commission may not grant a restaurant liquor license or private club license to a person who is not lawfully present in the United States;
• Provides for the withholding of state income tax at the top rate from an independent contractor who fails to provide documentation to the contracting entity that verifies the independent contractor's employment authorization pursuant to the prohibition against the use of unauthorized alien labor;
• Provides for the creation and issuance of identification documents and requires that those identification documents issued by public entities go only to United States citizens, nationals or legal permanent resident aliens with certain exceptions;
• Provides for exceptions to the issuance of identification documents by public entities based on valid documentation of certain approved or pending immigration status and places time period restrictions on the length of validity of the documents;
• Requires public employers to register with and use a Status Verification System to verify the federal authorization status of a new employee;
• Beginning July 1, 2009, provides that a public employer may not enter into a contract for the physical performance of services within the state with a contractor unless the contractor registers and participates in the Status Verification System to verify the work eligibility status of the contractor's new employees;
• Identifies as a discriminatory employment practice the discharging of a lawful employee while retaining an unauthorized alien in the same job category;
• Requires an agency or political subdivision of the state to verify the lawful presence in the United States of an individual who has applied for a state or local public benefit, as defined by federal law, or a federal public benefit that is administered by the agency or the political subdivision, and provides for exceptions;
• Requires an applicant for a state or local public benefit to execute an affidavit attesting to the applicant's lawful presence in the United States, and provides penalties for making a false, fictitious or fraudulent statement or representation in the affidavit;
• Provides, subject to the availability of funding, for the establishment of a Fraudulent Documents Identification Unit by the attorney general for the primary purpose of investigating, apprehending and prosecuting individuals who participate in the sale or distribution of fraudulent identification documents created and prepared for individuals who are unlawfully residing within the state;
• Requires the attorney general to negotiate a Memorandum of Understanding with the United States Department of Justice or the United States Department of Homeland Security for the enforcement of federal immigration and customs laws within the state by state and local law enforcement personnel;
• Prohibits a unit of local government from enacting an ordinance or policy that limits or prohibits a law enforcement officer or government employee from communicating or cooperating with federal officials regarding the immigration status of a person within the state;
• And makes it a class A misdemeanor for a person to transport in this state an alien, knowing that the alien is in the United States in violation of federal law, in furtherance of the illegal presence in the United States; or conceal, harbor or shelter from detection an alien, in a place within this state, knowing or in reckless disregard of the fact that the alien is in the United States in violation of federal law. This portion has been amended to exclude religious organizations.
Posted in Govt-and-politics on Thursday, February 21, 2008 11:00 pm
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