The bill establishes that no individual who is unlawfully present in the United States shall be eligible to receive any state or local public benefits, with the exception of those mandated by federal law under 8 U.S.C. 1621(b). It requires individuals aged 18 and older applying for public benefits to provide proof of citizenship or lawful presence in the U.S., 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 the systematic alien verification for entitlements program operated by the Department of Homeland Security. The bill also clarifies that reduced tuition and fee amounts offered by postsecondary educational institutions to residents do not apply to individuals unlawfully present in the U.S.

Furthermore, the bill amends K.S.A. 22-2802 regarding the conditions of release for individuals charged with a crime. It introduces a requirement for the verification of immigration status for non-citizens at the time of their first appearance before a magistrate, establishing a rebuttable presumption that individuals determined to be unlawfully present are at risk of flight. The bill also allows for the possibility of release on one's own recognizance without the need for a cash deposit, provided the individual is not deemed a flight risk or a threat to public safety. The provisions of the bill will take effect upon publication in the statute book, and any unconstitutional provisions will be severed while allowing the remaining sections to remain valid.

Statutes affected:
As introduced: 76-731a, 22-2802
As Amended by Senate Committee: 76-731a, 22-2802
{As Amended by House Committee of the Whole}: 76-731a, 22-2802