2012 -- H 7315

=======

LC00583

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- CONTROL OF ILLEGAL

IMMIGRATION

     Introduced By: Representatives Palumbo, Trillo, Malik, Nunes, and Edwards

     Date Introduced: February 01, 2012

     Referred To: House Labor

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND

1-2

GOVERNMENT" is hereby amended by adding thereto the following chapter:

1-3

     CHAPTER 155

1-4

CONTROL OF ILLEGAL IMMIGRATION

1-5

     42-155-1. Legislative findings. – (a) Most Rhode Islanders and most Americans are

1-6

descendants of immigrants from all regions of the world and Rhode Island continues to welcome

1-7

new immigrants who legally seek the opportunities that the state, its economy, and its resources

1-8

offer;

1-9

     (b) The Congress and President of the United States have been unable to resolve the

1-10

problem of illegal immigration, leaving the states to deal with the consequences of eleven (11) to

1-11

twenty (20) million illegal immigrants residing in the United States, the number in Rhode Island

1-12

being between twenty thousand (20,000) to forty thousand (40,000), which is more than the

1-13

population of thirty-two (32) of Rhode Island’s thirty-nine (39) cities and towns;

1-14

     (c) The presence of a significant number of people illegally residing in the State of Rhode

1-15

Island creates a burden on the resources of state and local human services, law enforcement

1-16

agencies, educational institutions and other governmental institutions and diminishes

1-17

opportunities for citizens and legal immigrants in Rhode Island;

1-18

     (d) Congress in 1996 amended the Immigration and Nationality Act, 8 U.S.C. section

1-19

1373(c), to allow government entities or officials to send to or receive from the Immigration and

2-1

Naturalization Service information regarding the citizenship or immigration status, lawful or

2-2

unlawful, of any individual and the federal government established the E-Verify program to help

2-3

employers electronically verify the employment eligibility of new hires and the validity of the

2-4

social security numbers;

2-5

     (e) The Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) added

2-6

section 287(g), performance of immigration officer functions by state officers and employees, to

2-7

the Immigration and Nationality Act (INA), and authorizes the secretary of the U.S. department

2-8

of homeland security to enter into agreements with state and local law enforcement agencies,

2-9

permitting designated officers to perform immigration law enforcement functions pursuant to a

2-10

Memorandum of Agreement (MOA), provided that the local law enforcement officers received

2-11

appropriate training and function under the supervision of sworn U.S. Immigration and Customs

2-12

Enforcement (ICE) officers; and

2-13

     (f) Law enforcement can more effectively combat criminal activity related to illegal

2-14

immigration if federal, state and local authorities work on a cooperative basis.

2-15

     42-155-2. Use of E-Verify. – (a) The department of administration shall register and use

2-16

the federal government’s E-Verify program to electronically verify the employment eligibility of

2-17

new hires in the executive department and the validity of their social security numbers to ensure

2-18

that all employees of the executive department are legally eligible to be employed in the United

2-19

States and take appropriate action against those that are not eligible for employment, consistent

2-20

with federal and state law. For purposes of this chapter, the executive department is considered to

2-21

be all agencies and departments in the executive department excluding the offices of general

2-22

officers, said officers being the department of attorney general, lieutenant governor, secretary of

2-23

state, and general treasurer.

2-24

     (b) The department of administration shall require that all persons and business, including

2-25

grantees, contractors and their subcontractors and vendors doing business with the State of Rhode

2-26

Island also register with and utilize the services of the E-Verify program to ensure compliance

2-27

with federal and state law.

2-28

     42-155-3. Identity theft. – The directors of each department and state agency in the

2-29

executive department shall attempt to notify any person whose identity was stolen or otherwise

2-30

improperly used by any person in order to receive any benefit, including, but not limited to, child

2-31

care, health care, any government issued identification card, including driver’s license and non-

2-32

driver’s license identification, welfare or employment.

2-33

     42-155-4. State police to secure agreement. – The Rhode Island state police, pursuant to

2-34

the authority set forth in section 287(g) of IIRAIRA and INA, shall work to secure a MOA with

3-1

ICE to receive training necessary to enable them to assist ICE personnel in the enforcement of

3-2

federal immigration laws.

3-3

     42-155-5. Cooperation by department of corrections and parole board. – (a) The

3-4

department of corrections shall also work with ICE officials to secure an MOA that will define

3-5

the scope of state correctional personnel authority to perform certain immigration law

3-6

enforcement functions with shall be subject to the cross-supervision of ICE and permit certain

3-7

correctional personnel to complete appropriate training and function under the supervision of

3-8

sworn ICE officers to combat illegal immigration issues at the adult correctional institution,

3-9

consistent with federal and state law.

3-10

     (b) The parole board and the department of corrections shall work cooperatively with ICE

3-11

personnel to provide for the parole and deportation of criminal aliens.

3-12

     42-155-6. General provisions. – All law enforcement officials, including state and local

3-13

law enforcement agencies shall take steps to support the enforcement of federal immigration laws

3-14

by investigating and determining the immigration status of all non-citizens taken into a custody,

3-15

incarcerated, or under investigation for any crime and notifying federal authorities of all illegal

3-16

immigrants discovered as a result of such investigations.

3-17

     42-155-7. Savings clause. – Nothing in this chapter shall be construed to supersede,

3-18

contravene or conflict with any federal or state law or regulation or deny a person’s rights under

3-19

the Rhode Island or United States Constitution and to this extent employees of the executive

3-20

department may act independently of the provisions of this chapter in order to avoid such conflict

3-21

or violation.

3-22

     SECTION 2. This act shall take effect upon passage.

=======

LC00583

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- CONTROL OF ILLEGAL

IMMIGRATION

***

4-1

     This act would codify into law the provisions of then-governor Carcieri’s Executive

4-2

Order 2008-01 dated March 27, 2008, entitled “Illegal Immigration Control Order” which would

4-3

require the department of administration to order the executive department to utilize the E-Verify

4-4

program to verify the employment eligibility of new hires in said departments and businesses

4-5

doing business for the departments.

4-6

     This act would take effect upon passage.

=======

LC00583

=======