The bill establishes that no individual unlawfully present in the United States shall receive any state or local public benefits, with exceptions for benefits mandated by federal law. It requires individuals aged 18 and older applying for public benefits to provide proof of citizenship or lawful presence, which must include specific documentary evidence recognized by the division of motor vehicles. Additionally, state and local agencies are mandated to verify the lawful presence of applicants through a systematic verification program operated by the Department of Homeland Security. The bill also clarifies that reduced tuition and fees at postsecondary institutions are not available to individuals unlawfully present in the U.S.

Furthermore, the bill amends existing law regarding the conditions of release for individuals charged with a crime. It introduces a requirement for the verification of immigration status for non-citizens and establishes a rebuttable presumption that individuals determined to be unlawfully present are at risk of flight. The bill also allows for the possibility of releasing individuals on their own recognizance if they are not deemed a flight risk or a threat to public safety. It includes provisions for the review of conditions of release and the imposition of costs associated with supervision. If any part of the act is found unconstitutional, that provision will be severed, allowing the remaining provisions to remain in effect.

Statutes affected:
As introduced: 76-731a, 22-2802
As Amended by Senate Committee: 76-731a, 22-2802