Prohibiting aliens who are unlawfully present in the United States from receiving any state or local public benefit in accordance with applicable federal law.
Impact
If implemented, SB254 will alter the landscape of public benefits in Kansas by tightly restricting access based on immigration status. Local and state agencies will now have the responsibility of verifying the lawful presence of applicants before any benefits can be granted, which could lead to increased bureaucracy and potential delays in benefit distribution. Critics argue that such measures could disproportionately affect vulnerable populations, including children and families losing essential services due to a lack of documentation. Importantly, the bill also includes a rebuttable presumption for individuals charged with crimes who are not citizens, stating they may be a flight risk, which could impact their ability to secure bail.
Summary
Senate Bill 254 focuses on immigration by prohibiting individuals who are unlawfully present in the United States from receiving any state or local public benefits. This bill mandates that individuals aged 18 and older applying for state or local public benefits must provide proof of their lawful presence. The legislation aims to enhance the verification process of immigration status for those seeking benefits, directing state and local agencies to use the systematic alien verification for entitlements program managed by the United States Department of Homeland Security. The aim is to ensure that only qualifying individuals receive access to public services funded by taxpayers.
Contention
The bill is expected to encounter significant debate, particularly regarding its implications for local governance and public welfare. Proponents claim that restricting benefits serves to uphold law and order, while opponents may view the bill as an overreach that undermines the rights of residents and complicates the already challenging landscape of public aid. Furthermore, the language surrounding the verification processes may open avenues for legal challenges stating violations of civil rights, particularly for communities that may be vulnerable to discrimination based on immigration status.
Providing for disqualification from employment security benefits for failing to attend a job interview without giving notice to the prospective employer or for failing to respond to a job offer.
Creating the crime of unlawful entry into the state of Kansas and requiring notification of federal immigration authorities upon arrest for such offense.
Prescribing documentation requirements to determine eligibility for any benefit derived from a service-connected disability, requiring that federal disability determinations for veterans be probative, establishing the Kansas office of veterans services, updating references and corresponding changes relating to the transfer of powers and duties from the Kansas commission on veterans affairs office to the Kansas office of veterans services, updating the veterans claims assistance program to include references to veterans affairs medical centers and cross-accreditation requirements, modifying the definition of veteran and disabled veteran, clarifying disability evaluations for benefits granted to disabled veterans and updating the definition of armed forces to include the space force.
Requiring a concealed carry license to lawfully carry a concealed handgun and exempting colleges and universities from the public buildings requirements under the personal and family protection act.
Prohibiting the secretary for children and families from using federal benefits of a child in need of care for the care and custody of the child and requiring the secretary to create and maintain an account of such benefits received for such child.
Updating statutes related to the Kansas army and air national guard, providing for the appointment of a state judge advocate, providing for the adjustment of death and disability benefits and updating the Kansas code of military justice relating to certain definitions, unlawful acts and punishment requirements thereof.
Enacting the Kansas money transmission act and the Kansas earned wage access services act, providing when applications under the state banking code are considered abandoned or expired, allowing an originating trustee to have such trustee's principal place of business outside of Kansas, authorizing any person to become a depositor or lessor of a safe deposit box, providing methods in which bank deposits may be withdrawn by a depositor and prohibiting banks from requiring a cosigner for an account of a child in the custody of the secretary for children and families, secretary of corrections or a federally recognized Indian tribe.