The Capitol Communicator News Flash
Senator Peggy Palmer
District 16
785-296-7388
Capitol Office Room 523-S
SB 458: THE KANSAS ILLEGAL IMMIGRATION RELIEF ACT
Testimony by Senator Peggy Palmer, February 27, 2008
Why do we need state legislation dealing with illegal immigration in Kansas?
Illegal immigration is a massive and complex issue that requires a multi-faceted solution. Obviously, a large part of the problem and solution lies with the federal government. Federal immigration laws are not enforced; this fact leaves Kansas and other states with the need to enact legislation to deal with the problem. The Kansas legislature cannot just wait indefinitely for the federal government; the citizens of Kansas are demanding that we do something now to stem the influx of illegal aliens who are streaming into our state. It is not acceptable to simply do nothing because the federal government is failing to fulfill its constitutional duty.
Our surrounding states have enacted tough laws to protect their citizens from the influx of illegals. Consequently, Kansas has now become a magnet for illegal immigrants because of our lax enforcement of immigration laws, access to taxpayer-funded welfare programs, state-sponsored tuition for illegal aliens, lack of verification of legal residency, and failure to hold employers accountable for employing illegal immigrants.
We need legislation that will prevent Kansas from becoming a sanctuary state by removing the incentives that attract illegal immigrants, equipping businesses with effective verification tools like the E-Verify System, and empowering our state and local law enforcement agencies with the authority they need to deal efficiently and fairly with illegal immigration situations.
Legal and Illegal Immigration
Kansas should be in the business of welcoming LEGAL immigrants to our great state. Their valuable skills and contributions have enhanced and improved the culture of Kansas. Most of us know, respect, and even count as family members many legal immigrants who have made Kansas their home. LEGAL immigrants follow the appropriate procedures of applying for visas to enter our country for legitimate purposes. Many of them endured hardships but persevered because they respect the rule of law and our country enough to want to be part of it.
Illegal immigrants may have arrived in Kansas on temporary visas that have now expired, requiring them to leave the country. However, they have chosen to ignore the laws and are remaining here unlawfully and indefinitely. Other illegal immigrants have crossed our northern and southern borders entering our country and state illegally, never attempting to apply for lawful entry, but expecting the rewards and rights reserved for lawful citizens. Consequently, they are living lives of fear and poverty in the underground economy. Still others have fled as fugitives and criminals and continue that path once they arrive here, trafficking in drugs, gangs, and identity theft.
The Federation for American Immigration Reform (known as FAIR) has estimated the ILLEGAL immigrant population in Kansas at 90,000 for 2007, an increase of 15,000 since 2005. The 2005 estimate of 75,000 illegals was a 60% increase above the previous U.S. government estimate in 2000, and a huge 477% increase from 1990.
Impact on State Budget and Services
Obviously, the impact of an estimated 70,000 to 90,000 illegal immigrants on all aspects of the Kansas budget as well as state and local services is HUGE! The costs for education, emergency medical care, social services, and incarceration of illegal aliens translates into an estimated $235 million additional tax burden for the citizens of Kansas.
Post Audit Request
An audit by Legislative Post-Audit has been requested but not approved. According to a staff note, it will be impossible to accurately quantify these numbers:
“Because of the hidden nature of the illegal immigration population, it is extremely difficult to come up with reliable estimates of costs and revenues.”
The number of illegal immigrants in Kansas grows each day due to the influx from neighboring states that have already enacted legislation to protect their citizens.
The main reason that these costs remain hidden in the system is that no one is requiring government entities to make an attempt at verification. If documents are required, no attempts are made to verify the authenticity. Illegal aliens are accessing care and services in our social services, health care clinics, and educational institutions without valid documentation. The estimated financial impact is, in all probability, only the tip of the iceberg.
Consequences & Costs of Doing Nothing
Healthcare Crisis:
The State of Kansas and its taxpaying citizens literally cannot afford to do nothing about the influx of illegal immigrants into our state. The hidden costs of health care and Medicaid related to treatment of uninsured illegal immigrants, overburdened emergency rooms, increases in disease due to non-immunized individuals (e.g., tuberculosis), lack of childhood immunizations, and treatment of work-related injuries of workers without benefits are all enough to bankrupt the state treasury on their own.
In my efforts to determine the extent of state dollars currently absorbed by the illegal immigrant population, I learned that the Kansas Health Policy Authority (KHPA) requires only that all applicants verify their own legal status. KHPA stated that they verify status and obtain documents for MOST people, but not for certain exempted populations that include recipients of Medicare, foster care, and federal disability benefits. Furthermore, KHPA does not use the Systematic Alien Verification for Entitlements program (SAVE) to check the status of illegals applying for assistance. SAVE is used only to verify the immigration status of legal residents.
And even if the SAVE program were utilized, the documentation states that “No action to deny, reduce or terminate benefits may be taken based solely on information obtained from the Department of Homeland Security through the SAVE primary verification system.”
This system is dysfunctional. We need to enact public policy that makes sense!
Fiscal Crisis:
Legal taxpayers bear the entire burden for social and other services rendered to illegal aliens. There is a huge loss of tax revenues due to underground economy and the associated tax evasion.
The undercutting/suppression of legal citizens’ wages due to employment of cheaper labor reduces the number of jobs available to legal residents. Countless dollars of state revenues are lost due to uncollected payroll taxes in this under-the-table economy.
There are untold costs and hardships related to identity theft (a $50 Million industry in the U.S) as well as large increases in financial losses/insurance claims due to gang-related crimes and drug trafficking, and the increased costs and burdens on jails and prisons due to incarceration of illegal aliens.
Public Safety Crisis:
There are legitimate risks and costs of maintaining public health and safety associated with these high numbers of illegal immigrants including documented increases in communicable diseases, public health and environmental issues related to sub-standard and overcrowded living conditions, and increases in traffic accidents and injuries involving uninsured, undocumented drivers.
SB 458 will equip state and local enforcement officers with the general power that they need to investigate legal status.
Humanitarian Crisis:
There are also humanitarian consequences of looking the other way while illegal immigrants are being abused and exploited. Human smugglers extort, exploit, and abuse families and individuals who have paid to be smuggled illegally into the U.S. They are often at the mercy of their extortionists and trapped in an underground slave labor market, working for unscrupulous business owners who line their own pockets as they hire illegal aliens at slave labor wages without benefits or means to appeal their treatment.
E-Verify Effectiveness
The Department of Homeland Security’s E-Verify System is an important and effective tool that equips employers with the ability to verify the legal status of potential new employees online. According to the U.S. Citizenship and Immigration Services (USCIS) Verification Office, there are 398 employers in Kansas registered to use the E-Verify System as of February 16, 2008.
The proposed legislation from the Kansas Chamber coalition advocates the continued use of the I-9 system that has been used since 1996. The I-9 is in place now and does not work. The Immigration Reform and Control Act of 1996 which includes the use of I-9 forms for employers has failed because the Department of Homeland Security rarely enforces the law, and, when it does, it imposes only minimal penalties. Accepting the Chamber proposal is a vote for the status quo.
Representatives from the Department of Homeland Security and from the U.S. Citizenship and Immigration Services were here on Monday, February 25th, for a detailed briefing and a question and answer session. Any concerns or lack of knowledge about the E-Verify System was addressed at that briefing.
Kansas Economy
Some people have expressed concerns about the impact on the Kansas economy if the illegal aliens who currently hold jobs unlawfully return to their home countries because of increased efforts to identify and verify legal status or through self-deportation. It is realistic to assume, however, that there will be net gains to the economy because the huge amount of tax dollars now being expended on unlawful recipients will be greatly reduced. Those tax dollars will be available for services to legal citizens and legal immigrants.
State tax revenues will increase because of an increase in the payment of payroll taxes due to the employment of legal employees. There should be a huge reduction in the “under the table” wages to illegals that currently allows the avoidance of payroll tax payments.
This decrease in expenditures coupled with an increase in payroll tax revenues will help the Kansas economy, not hurt it!
There has been concern expressed that Oklahoma’s illegal immigration law has been bad for the Oklahoma economy. Oklahoma’s economy is doing fine.
Business Accountability
The business community has the responsibility and the opportunity to be a significant part of an effective solution.
However, some business organizations have indicated that it is not fair to hold businesses accountable for knowingly hiring illegal aliens. Only those Kansas businesses that are knowingly hiring illegal aliens should fear penalties. A business owner who inadvertently hires an illegal alien due to counterfeit documentation, despite having made a good-faith effort by using the E-Verify System, will not and should not be penalized. Why would legitimate, law-abiding business owners object to these provisions?
Conclusion
When you look at the cost to our education system, our social services system, our health care system and, our prison and jail systems, our law enforcement system, and the cost of dealing with identity theft, we are looking at hundreds of millions of dollars drained from the public purse because we have not addressed this problem. The existing gaps in Kansas’s law create attractions and incentives for illegal aliens to come to come to our state. [see attached news releases]
While legal Kansans are expending ever-increasing tax dollars dealing with this problem, they are also competing with illegal aliens for Kansas’s jobs. If the economy declines, more legal Kansas citizens will be out of work, and they will need the jobs currently held by illegal aliens.
All of these points serve to illustrate that illegal immigration is unfair to both legal Kansas citizens and to the illegal aliens. We must stop the public benefits and jobs incentives that serve to entice illegals to our state. Senate Bill 458 provides common sense solutions.
We must not be deterred by the rhetoric of those who benefit from and exploit illegal aliens; their comments are without merit and used to advance their own agendas and their own financial gain to the detriment of Kansas taxpayers and exploited illegal aliens.
We must resist the instinct to let sentiment overpower common sense and the Rule of Law. The compassionate response is to make sure that everyone here in Kansas is here legally.
We must welcome, respect, and encourage those immigrants who have come into this country and state legally, but those who break the law must not be rewarded with the benefits and privileges reserved for legal citizens!
This is one of the most important issues for our Kansas Citizens. They are asking us take action as soon as possible. This is clearly good public policy for the State of Kansas. I respectfully request your support of SB 458. [End of testimony]
For more information, visit the E-Verify System website:
http://www.dhs.gov/ximgtn/programs/gc_1185221678150.shtm
Legal immigration is a blessing to this country, and with the promise of America, a blessing to those who come here. Preserving that promise for future generations mandates that we must protect the sovereignty of our country and secure our borders. Legal immigration is not incompatible with this goal. Immigration and citizenship with all of its privileges, when executed pursuant to law, are an historically proven and inseparable component of that promise. It is, therefore, the duty of all who seek the promise of America to respect the laws of our country.
To my fellow Republican colleagues: The paragraph above is taken from The Republican Platform. As Republicans, we are obligated to preserve the blessing of "Legal Immigration." It matters not, who is lobbying against our goal to protect the sovereignty of our country and state. The ones against, must get their act together and respect the laws of our country. The federal government has paid more attention to the lobbying groups and not enough attention to the "people." So, as State Legislators it is up to us to act NOW!
I need your help to stop the uncontrolled influx of illegal aliens who are pouring into Kansas. Our state has become a magnet for illegals because of our failure to enact fair, tough, enforceable legislation that revokes the following incentives for illegal aliens to come to Kansas:
Lax enforcement, free access to taxpayer-funded social and educational programs including state-sponsored tuition for children of illegal aliens, lack of verification of legal residence, failure to hold employers accountable for illegal employees, etc. Some of your lawmakers do not possess the will or the stomach to take on this issue, but something must be done now!
I have introduced “The Kansas Illegal Immigration Relief Act” (SB 458), cosponsored by Senators Barnett, Huelskamp, Journey, and Ostmeyer, and NOW is the time to show your support!
IMMEDIATE ACTION ITEMS:
Please make the effort to be present at the Capitol in Topeka for the following two events.
Action Item #1:
WHAT: “Kansas Illegal Immigration Relief Act” Press Conference
WHEN: Thursday, February 7th, 12:00 p.m. (noon)
WHERE: Topeka, Capitol Building, 5th Floor, Room 526-S
We need to show the lawmakers in Topeka that we are serious! The best way to do that is to have
a massive show of support for SB 458. Please bring as many people as possible to this press conference!
Action Item #2:
WHAT: Senate Committee Hearing on SB 458
WHEN: Wednesday, February 27th, 10:30 a.m.
WHERE: Topeka, Capitol Building, 5th Floor, Room 526-S
I have assembled a stellar cast of experts to testify at the hearing for SB 458 including representatives from the Minuteman Civil Defense Corps, the American Legion, the Federation for American Immigration Reform (FAIR), Arizona Rep. Russell Pearce, Texas Rep. Bonnie Riddle, Professor and Immigration Expert Kris Kobach, and concerned citizens.
Please plan to attend the committee hearing to show your support for this bill as well as your
support for the work of these outstanding organizations and individuals.
Action Item #3:
Contact your State Representatives and State Senators to urge them to support and vote for SB 458 as well as upcoming House bills by Rep. Lance Kinzer and Rep. Brenda Landwehr. You will find contact info for all Kansas legislators at the following websites:
Kansas House of Representatives: http://www.kslegislature.org/legsrv-house/searchHouse.do
Kansas Senate: http://www.kslegislature.org/legsrv-senate/searchSenate.do
If you need help finding your State Representative or State Senator, then visit this link for help:
http://www.ipsr.ku.edu/ksdata/vote/
“The Kansas Illegal Immigration Relief Act” (SB 458) will provide effective solutions for the problems that result from the:
- Employment of illegal aliens
Requires public and private employers to use the E-verify program to verify legal status of potential new employees and imposes penalties for businesses that knowingly hire illegal aliens.
- Consumption of public benefits by illegal aliens
Prohibits illegal aliens from
receiving state services and benefits. In Executive
Order
No. 06-371 issued August 24, 2006,
Governor Sebelius clearly set forth this
important
public policy objective.
This will establish a unified and
easily understandable process for verification
of lawful
presence by those seeking public benefits.
- Lack of cooperation between local law enforcement agencies and the US Bureau of Immigration and Customs Enforcement
Encourages and allows all state and
local authorities to enforce federal
immigration laws.
Further, law enforcement agencies
shall inquire into citizenship and
immigration status of
an arrested person.
- Lack of employment identity fraud laws.
Creates a new crime of employment
identity fraud. The penalty is severity
level 8,
non-person felony.
- Lack of laws regarding identity theft
in Kansas Driver’s License Laws
Requires the Division of Motor
Vehicles to require any person applying for a
Kansas
driver’s license who provides
documents of citizenship to sign an affidavit
swearing to
legal citizenship. Falsely swearing is a federal crime.
Requires that no driver’s license or
state-issued identification be issued to
any alien until the he/she has been verified to be lawfully
present in the
United States by the
UnitedStates Department of Homeland Security.
Why the “Kansas Illegal Immigration Relief Act” Is Needed NOW!
The problems and burden of 90,000 Illegal Aliens in Kansas are tangible and severe.
Consider these facts:
Costs of Illegal Aliens in Kansas: $250 Million annually
Health Crisis:
Hidden costs of health care and Medicaid related to treatment of uninsured masses,
Emergency rooms overburdened, increase in disease due to non-immunized individuals (e.g., tuberculosis), lack of childhood immunizations, treatment of non-insured work-related injuries
Financial Crisis:
Legal taxpayers bear entire burden for social services rendered to illegal aliens,
Loss of tax revenues due to underground economy,
Undercutting/suppression of wages due to employment of cheaper labor reducing number of jobs available to legal residents,
Costs related to increased crime including identity theft (a $50 Million industry in the U.S.),
abuses related to underground culture, drug trafficking, increase in financial losses/insurance claims due to gang-related crimes,
Increased burden on jails and prisons due to incarceration,
Increased costs related to public education
Public Safety Crisis:
Increase in communicable diseases, public health and environmental issues related to sub-standard and overcrowded living conditions,
Increase in traffic accidents and injuries involving uninsured, undocumented drivers,
Unprotected border invites increased gang activity and potential terrorist attacks. Illegal Aliens come into our country. Kansas is currently providing a cover and a culture in which terrorists can hide with a reliable means of entry.
Humanitarian Crisis:
Human smugglers extort, exploit, and abuse families and individuals who have paid to be illegally smuggled into U.S. Even if they survive the trip across the border, they are forced to lead fearful, underground lives without legitimate recourse or the appeal processes available to legal residents. They are often at the mercy of their extortioners and trapped in an underground slave labor market.
WE are rewarding those who have committed the crime of illegally entering our state, using forged documents and committing identity fraud.
WE are ignoring the exploitation and inhumane treatment of illegal aliens
and ignoring the underground slave labor market by pretending that they are here legally or that it doesn’t matter.
We must resist the instinct to let sentiment overpower common sense and the Rule of Law.
The compassionate response is to make sure that everyone here in Kansas is here legally!
We must not be deterred by the rhetoric of those who benefit from and exploit illegal aliens; their comments are without merit and used to advance their own agendas and their own financial gain to the detriment of Kansas taxpayers and exploited illegal aliens.
We must stay focused on the security and protection of our Kansas Citizens.
When you look at the cost to our education system, our social services system, our health care system, our prison and jail system, our law enforcement system, you are looking at hundreds of millions of dollars draining the public purse because we have not addressed this problem.
These public services were created with the tax dollars of legal Kansas citizens to improve the lives of legal Kansas citizens.
While Kansans are expending increased tax dollars dealing with these problems,
they are also competing with illegal aliens for Kansas jobs.
If the Economy declines, more legal Kansas citizens will be out of work,
and they will need the jobs currently held by illegal aliens. They need them even now.
Illegal immigration shifts the cost of labor from the employer to government (taxpayers)
State and local taxpayers are forced to foot the bill.
The existing gaps in the Kansas laws create an attraction and incentives for illegal
aliens to come to Kansas.
Illegals are counted in the census which allocates representation and gives additional seats in the state assemblies and in the Congress, which in turn gives California and other sanctuary states disproportionate representation.
All of these points serve to illustrate that illegal immigration is unfair to both legal Kansas
citizens and to the illegal aliens.
We must stop the public benefits and jobs incentives that serve to entice illegals to our state. Senate Bill 458 will address these issues.
The only people who should be nervous about this bill are employers who hire illegals at a
cheap rate to gain an unfair advantage over their competitors. These employers exploit their illegal employees by paying low wages and providing no benefits. Employers pass these costs
to taxpayers.
Illegal aliens avoid paying taxes, avoid paying for health insurance by using emergency rooms, and are counted in the uninsured Kansas citizens.
Kansas is becoming a Sanctuary for illegal aliens. Surrounding states are enacting tough laws to protect their citizens; these laws will encourage even more illegals to flock to Kansas.
California has sanctuary cities that are impacting:
CA State Budget deficit: $14 Billion and counting after spending increased by 44% to fund the CA welfare system,
Health Care Funding: $14 Billion plan to cover the uninsured, mostly illegal immigrants and their children.
Hospital Closings: Due to mandated and unfunded health care for illegal aliens has forced closure of 86 emergency rooms and trauma care facilities in California.
Housing inflation: Illegals have been encouraged to buy homes that they cannot afford, thus artificially inflating the prices. The housing crunch brings to light how illegals are really impacting our economy and housing.
Prison overcrowding
Highway congestion
We need to take control of this problem now and adopt SB 458 to address these issues in Kansas!
We need to dispel the belief that cheap labor is good and helps everybody.
We need to inform people that we are all paying the price for their subsidized labor and contributing to the exploitation of illegal aliens.
We must welcome, respect, and encourage those immigrants who have come into this country and state legally, but those who break the law must not be rewarded with the benefits and privileges reserved for legal citizens!
Act now to show your support!
Yours for Better State Government,
Senator Peggy Palmer