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KS Immigration Related Bills
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Posted on March 10, 2008 MDIVANI IMMIGRATION UPDATE Summary of Kansas Legislature 2008 Immigration-Related Bill Summaries HOUSE BILL 2680 Makes it a violation of state law to hire unauthorized workers. Gives the Kansas Attorney Generals office the authority to investigate immigration complaints, Penalties include revocation of the business license and registration as a KS corporation E-Verify would be a safe harbor from the above Would establish that subcontractors would be considered employees in many instances, creating a civil action against employers who do not designate contractors as employees SENATE BILL 458 Allows state and local authorities to enforce federal immigration law Imposes new penalties, including revocation of business licenses and registration as a KS corporation for businesses that hire undocumented immigrants Prohibits writing off a as a business expense of any salaries or other remuneration paid to undocumented workers or contractors, requires an Affidavit with tax return regarding use of E-verify and immigration status of employees and contractor and subcontractors Would require employers to use E-Verify Would require employers to verify that subcontractors are using E-Verify Toughen penalties for making false identification Toughening drivers license laws for foreign nationals HOUSE BILL 2370 Would require state and local law enforecement to enforce federal immigration law House Bill 2836 Allow state and local law enforcement to enforce federal immigration law Require employers use E-Verify Impose new penalties on business owners for hiring unauthorized workers, such as revocation of business licenses and corporate registration as KS business Toughen penalties for making false identification Allow local governments to create laws against renting to unauthorized workers Attorney comment: These bills all look very similar, and would all have devastating effects on local business should they go into effect. They would be very dangerous for several reasons. They would put an even higher burden and risk on employers. Harsh legislation such as this in Oklahoma has led to a mass exodus of Hispanic workers, both authorized and unauthorized. The labor pool could get even smaller. Also, employers cannot run subcontractors through E-Verify or do an I-9, making it impossible for them to properly deem whether subcontractors are authorized or not. HOUSE BILL 2774: Would have the state government track workers who are deported, and set up contact with the U.S. consulates to try and find workers with documentation Attorney comment: This bill would be completely ineffective. There are no visas for workers on the other side to apply for. Workers cannot apply for visas on their own, and in most cases are sponsored by an employer (such as employer petitioning for H-2B visas). The cap for H-2B visas is already met for this season since January 2, 2008, so the provision simply makes no sense at all. HOUSE BILL 2921 Employer Employment Verification Provisions Would make proper completion of I-9s mandatory under Kansas law Would prohibit state, county, or local government from bringing actions against employers who properly complete I-9s or use E-Verify Would prohibit county or local governments from enacting ordinances that would create additional immigration compliance requirements or penalties Exploitation of Illegal Aliens Would create a state law prohibiting the exploitation of illegal aliens Exploitation is defined as subjecting illegal aliens to work conditions that are in violation of the minimum wage and maximum hours law Violation of the law would be a level 8 nonperson felony Identity Theft and Fraud Would increase the penalties for creating and using fake Ids Creating or using false identification would be a Level 8 nonperson felony. Creating or using false identification for an illegal alien to get work would be a Level 5 nonperson felony. For more information, please contact: The Mdivani Law Firm (913) 317-6200 |