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, which must include documentary evidence recognized by the division of motor vehicles or federal documentation confirming lawful presence. 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.
Furthermore, the bill amends K.S.A. 22-2802 to include provisions for verifying the immigration status of individuals charged with a crime, establishing a rebuttable presumption that unlawfully present aliens are at risk of flight. It outlines conditions for the release of individuals on bond, including the possibility of imposing additional conditions based on the individual's immigration status and other factors. The bill also includes a severability clause, ensuring that if any part of the act is deemed unconstitutional, the remaining provisions will still be valid. Lastly, it repeals K.S.A. 22-2802, indicating a significant overhaul of the existing law regarding public benefits and criminal proceedings related to immigration status.
Statutes affected: As introduced: 76-731a, 22-2802