SPREAD FAR & WIDE…CITIZENS MUST TAKE ACTION….LAWSUITS,
FOI’S, INITIATIVES, ETC. NOW
http://www.msnbc.msn.com/id/23973254/
Group files
illegal immigration ballot measure April 5, 2008
LITTLE ROCK,
Arkansas - A new ballot initiative aims to require government agencies verify all
those seeking public benefits in Arkansas are legal residents of the United
States.
The measure, by
a group calling itself Secure Arkansas, also would require those older than 13
to sign an oath saying they live legally in the country. The group says those
who falsely fill out an affidavit could face perjury charges.
"Keeping
illegal aliens from getting on public assistance just any time they want to and
taking all of our taxpayer funds, that's really what it's all about,"
Secure Arkansas chairwoman Jeannie Burlsworth of Bryant said Friday.
Exceptions
to the measure would include emergency medical care, disaster relief, soup
kitchens, crisis counseling and short-term shelters.
Burlsworth's
group filed the measure March 27 with the state attorney general's office. The
state has until April 9 to review the proposed measure. If approved, supporters
could begin gathering the required 61,974 signatures needed to place it before
voters in November.
The measure
comes as Arkansas has one of the nation's fastest growing Hispanic populations.
The state is home to an estimated 141,000 Hispanics. Studies have concluded
that about half of the state's immigrant population lives illegally in the U.S.
Testimony last
year concluded Arkansas pays $170 million (euro108 million) a year to educate,
imprison and provide services to all immigrants _ with the majority of money
going toward education. But the estimated state costs remain a fraction of
immigrants' estimated economic power in the state.
The measure is
cause for concern, said the Rev. Steve Copley, chairman of the Arkansas
Friendship Coalition, a statewide advocacy opposing punitive laws targeting
immigrants. However, he acknowledged the measure could test how the public
views the state's newest residents.
"It strikes
me that in some ways it may be kind of a litmus test of how the feelings really
run in Arkansas on this issue," Copley said.
___
On the Net:
Secure Arkansas:
http://www.securearkansas.com/
___
Information from:
The Morning News, http://www.nwaonline.net/
Copyright
2008 The Associated Press.
POPULAR NAME
AN ACT TO LIMIT THE
RECEIPT OF PUBLIC BENEFITS BY PESONS UNLAWFYULLY PRESENT
IN THE UNITED STATES
BALLOT TITLE
AN ACT TO
LIMIT THE RECEIPT OF PUBLIC BENEFITS BY
PERSONS UNLAWFULLY PRESENT IN THE UNITED STATES; PROVIDING THAT, EXCEPT AS
PROVIDED IN THE ACT OR WHEN EXEMPTED BY FEDERAL LAW, EVERY STATE AGENCY OR
POLITICAL SUBDIVISION SHALL VERIFY THE LAWFUL PRESENCE IN THE UNITED STATES OF
ANY PERSON FOURTEEN (14) YEARS OF AGE OR OLDER WHO HAS APPLIED FOR A STATE OR
LOCAL PUBLIC BENEFIT OR FOR A FEDERAL PUBLIC BENEFIT THAT IS ADMINISTERED BY A
STATE AGENCY OR A POLITICAL SUBDIVISION; PROVIDING THAT THE ACT SHALL BE ENFORCED
WITHOUT REGARD TO RACE, RELIGION, GENDER, ETHNICITY, OR NATIONAL ORIGIN;
PROVIDING THAT VERIFICATION OF LAWFUL
PRESENCE UNDER THE ACT SHALL NOT BE REQUIRED FOR ANY PURPOSE FOR WHICH LAWFUL
PRESENCE IN THE UNITED STATES IS NOT
RESTRICTED BY LAW, ORDINANCE, OR REGULATION;
PROVIDING THAT VERIFICATION OF LAWFUL PRESENCE UNDER THE ACT SHALL NOT BE
REQUIRED FOR ASSISTANCE FOR HEALTH CARE ITEMS AND SERVICES THAT ARE NECESSARY
FOR THE TREATMENT OF AN EMERGENCY MEDICAL CONDITION OF THE PERSON INVOLVED AND ARE NOT RELATED TO AN ORGAN TRANSPLANT PROCEDURE;
PROVIDING THAT VERIFICATION OF LAWFUL PRESENCE
UNDER THE ACT SHALL NOT BE REQUIRED FOR
SHORT-TERM, NONCASH, IN-KIND EMERGENCY DISASTER RELIEF; PROVIDING THAT
VERIFICATION OF LAWFUL PRESENCE UNDER THE ACT SHALL NOT BE REQUIRED FOR PUBLIC
HEALTH ASSISTANCE FOR IMMUNIZATIONS WITH RESPECT TO DISEASES AND FOR TESTING
AND TREATMENT OF SYMPTOMS OF A COMMUNICABLE DISEASE WHETHER OR NOT THE SYMPTOMS
ARE CAUSED BY A COMMUNICABLE DISEASE; PROVIDING THAT VERIFICATION OF LAWFUL
PRESENCE UNDER THE ACT SHALL NOT BE REQUIRED FOR PROGRAMS, SERVICES, OR
ASSISTANCE SUCH AS SOUP KITCHENS, CRISIS COUNSELING AND INTERVENTION, AND SHORT-TERM SHELTERS SPECIFIED BY THE UNITED STATES ATTORNEY
GENERAL THAT DELIVER IN-KIND SERVICES AT THE COMMUNITY LEVEL, DO NOT CONDITION
THE PROVISION OF ASSISTANCE, THE AMOUNT OF ASSISTANCE PROVIDED, OR THE COST OF
ASSISTANCE PROVIDED ON THE INCOME OR RESOURCES OF THE INDIVIDUAL RECIPIENT, AND
ARE NECESSARY FOR THE PROTECTION OF LIFE OR SAFETY; PROVIDING THAT VERIFICATION OF LAWFUL
PRESENCE UNDER THE ACT SHALL NOT BE REQUIRED FOR PRENATAL CARE;
PROVIDING THAT VERIFICATION OF LAWFUL PRESENCE UNDER THE ACT SHALL NOT BE
REQUIRED FOR ENROLLMENT IN A PUBLIC SCHOOL DISTRICT; PROVIDING THAT AN APPLICANT FOR A STATE
OR LOCAL PUBLIC BENEFIT OR A FEDERAL PUBLIC BENEFIT SHALL EXECUTE AN AFFIDAVIT
UNDER PENALTY OF PERJURY THAT HE OR SHE IS A UNITED STATES CITIZEN OR A
QUALIFIED ALIEN UNDER THE IMMIGRATION AND NATIONALITY ACT AND IS LAWFULLY
PRESENT IN THE UNITED STATES; PROVIDING THAT ELIGIBILITY FOR BENEFITS SHALL BE MADE
THROUGH THE SYSTEMATIC ALIEN VERIFICATION OF ENTITLEMENTS PROGRAM OPERATED BY
THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY OR A SUCCESSOR PROGRAM
DESIGNATED BY THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY; PROVIDING THAT
UNTIL THE ELIGIBILITY
VERIFICATION IS MADE, THE AFFIDAVIT MAY BE
PRESUMED TO BE PROOF OF LAWFUL PRESENCE FOR THE PURPOSES OF THE ACT; PROVIDING
THAT EACH STATE AGENCY OR POLITICAL SUBDIVISION SHALL DOCUMENT AND MAINTAIN THE
TYPES OF BENEFITS AND DOLLAR AMOUNT OF BENEFITS PROVIDED TO PERSONS WHO ARE
FOUND TO BE PRESENT IN THE UNITED STATES UNLAWFULLY; PROVIDING THAT ANY PERSON
WHO KNOWINGLY MAKES A FALSE, FICTITIOUS, OR FRAUDULENT STATEMENT OF
REPRESENTATION IN AN AFFIDAVIT EXECUTED UNDER THE ACT IS SUBJECT TO CRIMINAL
PENALTIES APPLICABLE IN THE STATE OF ARKANSAS FOR FRAUDULENTLY OBTAINING PUBLIC
BENEFITS; PROVIDING THAT IF THE AFFIDAVIT CONSTITUTES A FALSE CLAIM OF UNITED
STATES CITIZENSHIP, A COMPLAINT SHALL BE FILED BY THE STATE AGENCY OR POLITICAL
SUBDIVISION REQUIRING THE AFFIDAVIT WITH UNITED STATES IMMIGRATION AND CUSTOMS
ENFORCEMENT; PROVIDING THAT A STATE AGENCY OR POLITICAL SUBDIVISION MAY ADOPT
VARIATIONS TO THE ACT THAT DEMONSTRABLY IMPROVE THE EFFICIENCY OR REDUCE DELAY IN THE VERIFICATION PROCESS OR TO PROVIDE FOR
ADJUDICATION OF UNIQUE INDIVIDUAL CIRCUMSTANCES WHEN THE VERIFICATION
PROCEDURES IN THE ACT WOULD IMPOSE UNUSUAL HARDSHIP ON A LEGAL RESIDENT OF
ARKANSAS; PROVIDING THAT IT IS UNLAWFUL FOR ANY STATE AGENCY OR POLITICAL
SUBDIVISION TO PROVIDE ANY STATE OR LOCAL PUBLIC BENEFIT OR FEDERAL PUBLIC
BENEFIT IN VIOLATION OF THE ACT; PROVIDING THAT EACH STATE AGENCY OR POLITICAL
SUBDIVISION THAT ADMINISTERS ANY PROGRAM OF STATE OR LOCAL PUBLIC BENEFITS
SHALL PROVIDE AN ANNUAL REPORT TO THE ATTORNEY GENERAL OF THE STATE OF ARKANSAS
AND THE GENERAL ASSEMBLY CONCERNING COMPLIANCE WITH THE
ACT, INCLUDING WITHOUT LIMITATION THE TYPES AND DOLLAR AMOUNT OF BENEFITS
PROVIDED TO PERSONS WHO ARE FOUND TO BE PRESENT IN THE UNITED STATES UNLAWFULLY
AS DOCUMENTED UNDER THE ACT; PROVIDING THAT EACH STATE AGENCY AND POLITICAL
SUBDIVISION THAT ADMINISTERS ANY PROGRAM OF STATE OR LOCAL PUBLIC BENEFITS OR
FEDERAL PUBLIC BENEFITS SHALL MONITOR THE SYSTEMATIC ALIEN VERIFICATION FOR ENTITLEMENTS
PROGRAM FOR APPLICATION VERIFICATION ERRORS AND SIGNIFICANT DELAYS AND SHALL
PROVIDE A REPORT ON THOSE ERRORS AND DELAYS, ALONG WITH ANY RECOMMENDATIONS, TO
THE ATTORNEY GENERAL OF THE STATE OF ARKANSAS, THE GENERAL ASSEMBLY, AND THE UNITED STATES
DEPARTMENT OF HOMELAND SECURITY; PROVIDING
THAT AN INDIVIDUAL WHO IS NOT
LAWFULLY PRESENT IN THE UNITED STATES SHALL NOT BE ELIGIBLE ON THE BASIS OF RESIDENCE WITHIN THE STATE FOR ANY
POSTSECONDARY EDUCATION BENEFIT, INCLUDING WITHOUT LIMITATION SCHOLARSHIPS OR FINANCIAL AID, AND RESIDENT TUITION; PROVIDING THAT THE
INITIAL ISSUANCE OF ANY VEHICLE REGISTRATION OR CERTIFICATE OF TITLE SHALL NOT
BE MADE UNLESS THE APPLICANT PRESENTS AT THE TIME OF APPLICATION A VALID ARKANSAS DRIVER'S LICENSE OR AN ARKANSAS IDENTIFICATION CARD; PROVIDING
THAT THE PRESENTATION OF A VALID ARKANSAS DRIVER'S LICENSE OR AN
ARKANSAS IDENTIFICATION CARD WHEN APPLYING
FOR VEHICLE REGISTRATION OR A
CERTIFICATE OF TITLE IS SUPPLEMENTAL
TO OTHER ARKANSAS LAWS; AND PROVIDING THAT THE ACT SHALL BECOME EFFECTIVE ON
JULY 4, 2009.
ACT:
Be it enacted by the people of the State of Arkansas:
SECTION 1. Verification of
citizenship when providing certain public benefits, (a) As used in this
section:
(1) "Federal public
benefit" means the same as defined in 8 U.S.C. § 161 Uc) as it
existed
on January 1. 2008;
(2) "Political
subdivision" means any county, municipality, township, or other specific
local unit of government;
(3) "Public school
district" means any public school district in the state serving students
in a kindergarten through grade twelve (K-12) program:
(4) "State
agency" means any office, department, board, commission, bureau, division,
public corporation, agency, or instrumentality of this state, including without
limitation a public institution
of higher education; and
(S)(A) Except as provided in subdivision (a)(5)(
of
this section, "state or local public
benefit" means the same as defined in 8 U.S.C.
<S 1621(c) as it existed on January 1.2008.
((i) "State or local public
benefit" shall include the initial application for any business license granted under the laws of
the State of Arkansas, excluding professional licenses.
(ii) A
state agency or political subdivision shall not be required to
comply with the provisions of Section 1 of this act for
a renewal of any business or professional license granted under the laws of the
State of Arkansas.
(b) Except as provided in subsection (d) of this section or when
exempted by federal law, every state agency or political subdivision shall
verify the lawful presence in the United States of any person fourteen (14) years of age or older who has
applied for a state or local public benefit or for a federal public benefit
that is administered by a state agency or a political subdivision, (c)
This section shall be enforced without regard to race, religion, gender,
ethnicity, or national origin.
(d)
Verification of lawful presence under this section shall not be required for:
(1) Any purpose for which
lawful presence in the United States is not restricted by law,
ordinance, or regulation;
(2) Assistance for health care items and
services that are necessary for the treatment of
an emergency medical condition, as defined
in 42 U.S.C. § 1396b(v)(3) as it existed on January 1.2008. of
the person involved and are not related to an organ transplant
procedure:
(3) Short-term, noncash.
in-kind emergency disaster relief;
(4) Public health
assistance for immunizations with respect to diseases and for testing
and treatment of
symptoms of a communicable disease whether or not the symptoms are caused by a
communicable disease;
(5) Programs, services, or assistance such as
soup kitchens, crisis counseling and
intervention, and short-term shelters
specified by the United States Attorney General, in the sole and
unreviewable discretion of the United
States Attorney General after consultation with appropriate federal
agencies and departments, that:
(A) Deliver in-kind
services at the community level, including through public
or private nonprofit agencies;
( Do not condition the
provision of assistance, the amount of assistance
provided, or the cost of assistance provided on the income or resources of the
individual recipient; and
(C) Are necessary for the
protection of life or safety;
(6)
Prenatal care; or
(7)
Enrollment in a public school district.
feMl) Verification of lawful presence in
the United States bv the state agency or political subdivision required to make the verification shall require that the
applicant execute an affidavit under penalty of perjury that he or she is a:
(A) United States citizen; or
( Qualified alien under
the Immigration and Nationality Act and is lawfully
present
in the United States.
(2) The state agency
or political subdivision providing the state or local public benefit or federal
public benefit shall provide notary public services at no cost to the
applicant.
(f)(l) For any applicant who has executed the affidavit described
in subsection (e) of this section and
claims to be a qualified alien lawfiillv within the United States, eligibility
for benefits shall be made through the Systematic Alien Verification of
Entitlements Program operated bv the United States Department of Homeland Security or a successor program designated bv
the United States Department of Homeland Security.
(2) Until the
eligibility verification is made, the affidavit may be presumed to be proof of
lawful presence for the purposes of this section.
(e.) Each state agency or
political subdivision shall document and maintain the types of benefits and dollar amount of benefits provided to
persons who are found to be present in the United States unlawfully.
(h)(l) Any person who knowingly
makes a false, fictitious, or fraudulent statement of representation in an
affidavit executed under subsection (e) of this section is subject to criminal
penalties applicable in this state for fraudulently obtaining public benefits.
(2) If the affidavit constitutes a false
claim of United States citizenship under 18 U.S.C. S 911 as it existed on January 1.2008. a complaint shall be filed bv
the state agency or political subdivision requiring the affidavit
with United States Immigration and Customs Enforcement.
Check
www.securearkansas.com
also www.arkansasfreedom.com
for details & documentation.
