Citations Affected: IC 12-7-2; IC 12-14; IC 35-43-5-4.3.
Synopsis: Restricting public assistance for illegal aliens. Requires a
law enforcement agency to: (1) cooperate with the United States
Department of Homeland Security concerning illegal aliens; (2)
attempt to verify the legal status of an individual suspected of being an
illegal alien; and (3) notify the individual, the attorney general, and the
United States Department of Homeland Security that the individual is
suspected of being an illegal alien. Provides that an individual may not
receive public assistance, benefits for publicly funded health care, or
health care services from publicly funded hospitals or health facilities
unless the individual is legally present in the United States. Requires
a public elementary or secondary school or state educational institution
to verify the legal status of each student. Prohibits: (1) a public
elementary or secondary school or state educational institution from
admitting or permitting attendance of an individual who is an illegal
alien; and (2) an agency from issuing or renewing a license, permit, or
any other official authorization to an illegal alien. Makes immigration
forgery a Class C felony.
Effective: July 1, 2006.
January 12, 2006, read first time and referred to Committee on Public Safety and
Homeland Security.
A BILL FOR AN ACT to amend the Indiana Code concerning
human services.
JULY 1, 2006]:
Chapter 8.5. Restrictions on Public Assistance to Illegal Aliens
Sec. 1. As used in this chapter, "illegal alien" means an
individual who is present in the United States in violation of federal
immigration laws.
Sec. 2. As used in this chapter, "law enforcement agency" means
an agency or a department of any level of government with the
principal function of apprehending criminal offenders. The term
includes the office of the inspector general.
Sec. 3. A law enforcement agency shall fully cooperate with the
United States Department of Homeland Security regarding an
individual who is arrested if the individual is suspected of being an
illegal alien.
Sec. 4. If a law enforcement agency arrests an individual who is
suspected of being an illegal alien, the law enforcement agency
shall do the following:
(1) Attempt to verify the legal status of the individual as:
(A) a citizen of the United States;
(B) an alien lawfully admitted as a permanent resident;
(C) an alien lawfully admitted for a temporary period; or
(D) an illegal alien.
In verifying the legal status of an individual under this
subdivision, the law enforcement agency may question the
individual regarding the individual's date and place of birth
and date of entry into the United States and request
documentation of the individual's legal status and any other
information necessary to verify the individual's legal status.
(2) Notify the individual of the individual's suspected status as
an illegal alien and inform the individual that the individual
must:
(A) prove the individual's legal status;
(B) obtain legal status; or
(C) leave the United States.
(3) Notify the attorney general and the United States
Department of Homeland Security of the suspected status of
the individual as an illegal alien and provide additional
information that may be requested by another public entity.
Sec. 5. A municipality, a county, a legally authorized
governmental entity with jurisdictional boundaries, or a law
enforcement agency may not take any legislative, administrative,
or other action to prevent or limit the cooperation required under
this chapter by an individual.
Sec. 6. (a) An individual may not receive any public assistance
for which the individual is otherwise eligible unless the individual's
legal status has been verified as one (1) of the following:
(1) A citizen of the United States.
(2) An alien lawfully admitted as a permanent resident.
(3) An alien lawfully admitted for a temporary period of time
that has not yet expired.
(b) Except for emergency medical care that is required to be
provided under federal law, only citizens of the United States and
aliens lawfully admitted to the United States may receive the
benefits of publicly funded health care.
(c) Except for emergency medical care that is required to be
provided under federal law, an individual may not receive health
care services from a publicly funded hospital licensed under
IC 16-21 or IC 16-22 or health care facility (as described in
IC 16-28-13-0.5) for which the individual is otherwise eligible
unless the individual's legal status has been verified as one (1) of
the following:
(1) A citizen of the United States.
(2) An alien lawfully admitted as a permanent resident.
(3) An alien lawfully admitted for a temporary period that has
not yet expired.
Sec. 7. (a) A public elementary school or secondary school may
not admit or permit the attendance of a child who is not:
(1) a citizen of the United States;
(2) an alien lawfully admitted as a permanent resident; or
(3) a person who is otherwise authorized under federal law to
be present in the United States.
(b) Each school corporation shall verify the legal status of a
child enrolling in the school corporation for the first time.
Sec. 8. (a) A state educational institution (as defined in
IC 20-12-0.5-1) may not admit, enroll, or permit the attendance of
an individual who is not:
(1) a citizen of the United States;
(2) an alien lawfully admitted as a permanent resident; or
(3) a person who is otherwise authorized under federal law to
be present in the United States.
(b) Each state educational institution shall verify the legal status
of each individual enrolled or in attendance at the institution at the
beginning of each term or semester.
Sec. 9. An agency (as defined in IC 4-1-7.1-1) may not issue or
renew a license, permit, or any other official authorization to an
individual who is not:
(1) a citizen of the United States;
(2) an alien lawfully admitted as a permanent resident; or
(3) a person who is otherwise authorized under federal law to
be present in the United States.