STATEHOUSE REPORT FROM THE DESK OF SENATOR LONG
Undocumented Immigrants
Congress is currently debating a comprehensive immigration bill to curb the flow of undocumented illegal immigrants into the U.S. According to the U.S. Immigration and naturalization Service, the number of undocumented illegal immigrants in the United States is nearing 10 million – that number increases by nearly half a million every year! To date, Indiana, a state in which nearly 100,000 undocumented immigrants call “home”, has not, in recent years, enacted legislation regarding these individuals.
Every year, as many as 79,000 undocumented immigrants graduate from U.S. high schools. In fact, a 1996 federal law prohibited states from offering in-state tuition rates to unauthorized immigrant students unless all U.S. born students are eligible for the same rate (a 1982 Supreme Court ruling requires states to provide free K-12 education, regardless of immigration status). Further, undocumented immigrants do not qualify to receive federal financial student aid.
In 2001, California and Texas became the first two states to offer in-state tuition to undocumented immigrants. Over the next four years, six other states followed suit, enacting similar legislation and 18 others are debating comparable bills. The legislation typically requires these students to sign an affidavit promising to file for legal immigration status.
House Bill 1383, filed during the 2006 Legislative Session, included provisions that would have required state colleges, public or private, to verify the legal status of each student before and deny admission to any prospective student found to be an undocumented immigrant. The bill was defeated by the House of Representatives 19-74, though discussions continue. For now, individual universities also have the option of choosing whether or not to admit undocumented immigrants, though many do not, without inclusion in an approved study abroad program.
Currently, Indiana employers are not required to verify with the Department of Workforce Development that each employee is a legal resident of the U.S. The final version of the bill sought to reverse this; however, it was met with considerable opposition. As it stands, unemployment insurance and federally funded training programs are restricted only to individuals legally present in the U.S. – anyone who applies for these programs are required to present proof of citizenship, which is then verified by the Department of Workforce Development.
Going further, Medicaid, food stamps, and Temporary Assistance for Needy Families (TANF) are restricted exclusively to those individuals legally present in the U.S., with one exception: undocumented immigrants are eligible for emergency medical services. In 2005, the Family and Social Services Administration reported that spending on undocumented immigrants’ emergency services statewide totaled more than $17 million. The majority of that spending is attributable to undocumented mothers giving birth. In fact, undocumented immigrant births account for one out of 10 births nationwide!
At least 14 other states are considering similar legislation restricting the rights of undocumented illegal immigrants. Some have already put restrictions in place. While actions such as securing our country’s border cannot be done at the state level, the General Assembly does have some decisions to make regarding the treatment of immigrants in Indiana. I expect legislation to be enacted in the 2007 Session dealing with this issue.
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