The bill establishes that no alien unlawfully present in the United States shall receive any state or local public benefits, with exceptions only 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 aliens before providing any public benefits, utilizing the systematic alien verification for entitlements program operated by the Department of Homeland Security. The bill also clarifies definitions related to lawful presence and public benefits, explicitly stating that unlawfully present aliens are ineligible for reduced tuition and fees at postsecondary educational institutions.

Furthermore, the bill amends existing law regarding the release of individuals charged with crimes, stipulating that the immigration status of non-citizens must be verified. It establishes a rebuttable presumption that unlawfully present aliens are at risk of flight, affecting the conditions of their release. The bill outlines various conditions that may be imposed on individuals released on bond, including supervision and restrictions on contact with victims. It also includes provisions for reviewing conditions of release and allows for electronic communication during proceedings. If any part of the act is deemed unconstitutional, that provision will be severed, while the remaining provisions will remain in effect.

Statutes affected:
As introduced: 76-731a, 22-2802