PROHIBITED ENROLLMENT IN POST-SECONDARY INSTITUTIONS

(SECTION 173.1110)

Current law prohibits any covered student, as that term is defined in the act, who is unlawfully present in the United States from receiving a postsecondary education public benefit. This act modifies that provision by prohibiting any covered student who is unlawfully present in the United States from enrolling in any post-secondary educational institution, as that term is defined in the act. Legal status of students shall be verified by the post-secondary educational institution prior to enrollment.

PROHIBITED RECEIPT OF APPROPRIATIONS BY GENERAL ASSEMBLY

(SECTION 208.009)

Current law prohibits any alien unlawfully present in the United States from receiving any state or local public benefit. This act additionally prohibits any appropriation made by the General Assembly to any entity, whether public or private, for the purpose of providing services to aliens unlawfully present in the United States.

OFFENSE OF IMPROPER ENTRY

(SECTION 577.690)

The act creates the offense of improper entry by an alien. A person commits the offense of improper entry by an alien if the person enters this state at a time when they are unlawfully present in this country under federal law.

The offense of improper entry by an alien is punishable by a fine of $10,000 and shall be subject to an order of removal to a federal port of entry, as provided in the act. For all subsequent offenses, the offense is a class E felony, subject to a term of imprisonment of 1-7 years and a $10,000 fine and additionally shall be subject to an order of removal to a federal port of entry upon the completion of any prison term.

The act allows any law enforcement officer whose duty it is to enforce criminal laws to arrest or detain such person upon probable cause that a person who has violated this act.

This provision is substantially similar to SB 1331 (2024) and SB 1520 (2024).

SCOTT SVAGERA