HB 1346 -- Illegal Aliens

Sponsor:  Portwood

This bill establishes the Missouri Taxpayer and Citizen
Protection Act regarding illegal aliens in the state.

TRANSPORTING OR CONCEALING ILLEGAL ALIENS

The bill creates the crimes of transporting and concealing an
alien knowing or in reckless disregard of the fact that the alien
has entered or remained in the country illegally.  A violation of
either of these crimes is a felony punishable by not less than a
one-year imprisonment, a fine of not less than $1,000, or both.

IDENTIFICATION CARDS

The bill also authorizes business entities, agencies of the state
and its political subdivisions, educational institutions,
professional organizations, and labor unions to create documents,
cards, or certificates for identification of their employees,
customers, members, and students.

Identification for state and political subdivision agencies and
educational institutions can only be issued to United States
citizens, nationals, and legal permanent resident aliens with the
following exceptions:  (1) if the applicant personally presents
certain valid documentary evidence as specified in the bill,
identification that clearly indicate its expiration date can be
issued to persons with temporary legal status in the United
States; and (2) identification only valid for use at an
educational institution can be issued if it clearly indicates the
restricted validity.

LAWFUL STATUS VERIFICATION - PERSONS IN CONFINEMENT

The bill requires that a reasonable effort be made to determine
the citizenship status of anyone in confinement charged with a
felony, driving while intoxicated, or driving with excessive
blood alcohol content.  If the person in confinement is a foreign
national, reasonable effort must be made to verify his or her
lawful status in the United States, either through documents in
the person's possession or, within 48 hours, through an inquiry
to the United States Department of Homeland Security (DHS).  If
lawful status cannot be verified, notice must be given to DHS.  A
foreign national without lawful status will be presumed to be a
flight risk for the purpose of granting or issuing a bond.

LAWFUL STATUS VERIFICATION - PUBLIC EMPLOYERS

All public employers are required to participate in the federal
status verification system specified in the bill to verify the
work authorization status of all new employees.  No public
employer can enter into a contract for the physical performance
of services within the state unless the contractor or
subcontractor participates in the status verification system to
verify the work authorization status of all new employees.

The discharge of a United States citizen or permanent resident
alien working in Missouri by an employing entity that retains an
employee it knows or reasonably should have known to be an
unauthorized alien working in certain federally defined job
categories is an actionable discriminatory labor practice as
established by the Department of Labor and Industrial Relations,
unless on the date of the discharge, the employing entity
participated in the status verification system.

LAWFUL STATUS VERIFICATION - APPLICANTS FOR PUBLIC BENEFITS

Agencies and political subdivisions of the state are required to
verify the lawful presence in the United States of any applicant
14 years of age or older for certain federally defined federal,
state, or local public benefits administered by the agency or
political subdivision, except in circumstances specified in the
bill.  Verification will include obtaining an affidavit of
qualification from the applicant, which will be presumed proof of
eligibility for the benefits until actual verification is made.
A person who knowingly and willfully signs an affidavit
containing false or fraudulent information will be subject to
criminal penalties.  Each state agency or department that
administers a program of federal, state, or local public benefits
must provide an annual report to the Governor and the General
Assembly on its compliance with the eligibility verification
requirements.

LAWFUL STATUS VERIFICATION - INDEPENDENT CONTRACTORS

If any individual independent contractor contracting for the
performance of physical services in this state fails to provide
the contracting entity with documentary proof of federal
employment authorization, the contracting entity must withhold
state income tax at the top marginal rate for the amount of
compensation paid to the independent contractor as reportable on
federal tax form 1099.  A contracting entity who fails to
withhold the taxes will be liable for those taxes unless certain
federal withholding exemptions apply and are documented to the
Department of Revenue.

STATE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS

The Attorney General is required to negotiate the terms of a
memorandum of understanding between the State of Missouri and
either the United States Department of Justice or the United
States Department of Homeland Security concerning the enforcement
of federal immigration and customs laws, detentions and removals,
and investigations in this state.  The memo must be signed by the
Attorney General and the Governor, or as otherwise federally
required.  No local government, acting through its governing body
or by initiative or referendum, can enact any ordinance, order,
or policy that limits or prohibits a law enforcement officer or
public official or employee from communicating or cooperating
with federal officials with regard to the immigration status of
any person in this state.  Lawful residents of the state may
compel any noncooperating local political subdivision or state
governmental agency to comply with all reporting requirements by
filing a writ of mandamus.

HIGHER EDUCATION ASSISTANCE FOR ILLEGAL ALIENS

Persons not lawfully present in the United States are not
eligible, on the basis of residence within this state, for
postsecondary education benefits, scholarships, financial aid, or
resident tuition, except under certain circumstances specified in
the bill.  This prohibition will not be deemed to impose
additional conditions to maintain resident tuition status at a
postsecondary educational institution on an individual who was
enrolled in a degree program and first received the resident
tuition status during the 2007-2008 school year or any prior
year.

Missouri House of Representatives
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:10 pm