2016 -- H 7408

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LC003879

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- CONTROL OF ILLEGAL

IMMIGRATION

     Introduced By: Representatives Roberts, Chippendale, Price, Giarrusso, and Azzinaro

     Date Introduced: January 28, 2016

     Referred To: House Labor

     It is enacted by the General Assembly as follows:

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

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

CHAPTER 158

CONTROL OF ILLEGAL IMMIGRATION

     42-158-1. Legislative findings. – (a) Most Rhode Islanders and most Americans are

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

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

offer;

     (b) The presence of a significant number of people illegally residing in the state, creates a

burden on the resources of state and local human services, law enforcement agencies, educational

institutions and other governmental institutions and diminishes opportunities for citizens and

legal immigrants in Rhode Island;

     (c) Congress in 1996 amended the Immigration and Nationality Act, 8 U.S.C. §1373(c),

to allow government entities or officials to send to or receive from the Immigration and

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

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

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

social security numbers;

     (d) The Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C.

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

employees, to the Immigration and Nationality Act (INA), and authorizes the Secretary of the

United States Department of Homeland Security to enter into agreements with state and local law

enforcement agencies, permitting designated officers to perform immigration law enforcement

functions pursuant to a Memorandum of Agreement (MOA); provided, that the local law

enforcement officers received appropriate training and function under the supervision of sworn

United States Immigration and Customs Enforcement (ICE) officers; and

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

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

     42-158-2. Use of E-Verify. – (a) The department of administration shall register and use

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

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

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

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

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

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

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

state, and general treasurer.

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

including grantees, contractors and their subcontractors and vendors, doing business with the state

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

compliance with federal and state law.

     42-158-3. Identity theft. – The directors of each department and state agency in the

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

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

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

driver's license identification, welfare or employment.

     42-158-4. State police to secure agreement. – The Rhode Island state police, pursuant to

the authority set forth in 8 U.S.C. §287(g) of IIRAIRA and INA, shall work to secure a MOA

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

of federal immigration laws.

     42-158-5. Cooperation by department of corrections and parole board. – (a) The

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

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

enforcement functions and shall be subject to the cross-supervision of ICE which may permit

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

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

consistent with federal and state law.

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

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

     42-158-6. General provisions. – All law enforcement officials, including state and local

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

laws by investigating and determining the immigration status of all non-citizens taken into

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

illegal immigrants discovered as a result of such investigations.

     42-158-7. Savings clause. – Nothing in this chapter shall be construed to supersede,

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

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

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

or violation.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- CONTROL OF ILLEGAL

IMMIGRATION

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

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

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

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

businesses doing business for the departments.

     This act would take effect upon passage.

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