House File 2345 - Introduced HOUSE FILE 2345 BY SORENSON , WINDSCHITL , DE BOEF , HELLAND , LUKAN , DOLECHECK , SCHULTZ , HAGENOW , PAULSEN , RANTS , UPMEYER , BAUDLER , KOESTER , HUSEMAN , CHAMBERS , SODERBERG , GRASSLEY , STRUYK , WATTS , and DEYOE A BILL FOR An Act relating to illegal immigration, providing penalties, 1 and including effective date provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5660HH (8) 83 ak/nh

H.F. 2345 Section 1. NEW SECTION . 13.11 Memorandum of understanding 1 —— immigration issues. 2 1. The attorney general shall negotiate the terms of a 3 memorandum of understanding between the state of Iowa and 4 the United States department of justice or the United States 5 department of homeland security concerning the enforcement of 6 federal immigration and custom laws, detention and removal of 7 unauthorized aliens, and investigations in the state of Iowa. 8 2. The memorandum of understanding shall be signed on behalf 9 of this state by the attorney general and the governor or as 10 otherwise required by the appropriate federal agency. 11 3. A local governmental entity shall not, whether acting 12 through its governing body or by an initiative, referendum, or 13 any other process, enact any ordinance or policy that limits or 14 prohibits a law enforcement officer, local official, or local 15 government employee from communicating or cooperating with 16 federal officials with regard to the immigration status of any 17 person within this state. 18 4. Notwithstanding any other provision of law, a 19 governmental entity or official within this state shall not 20 prohibit, or in any way restrict, any governmental entity or 21 official from sending to, or receiving from, the United States 22 department of homeland security, information regarding the 23 citizenship or immigration status, lawful or unlawful, of any 24 person. 25 5. Notwithstanding any other provision of law, a person or 26 governmental entity shall not prohibit, or in any way restrict, 27 a public employee from doing any of the following with respect 28 to information regarding the immigration status, lawful or 29 unlawful, of any person: 30 a. Sending information to, or requesting or receiving such 31 information from, the United States department of homeland 32 security. 33 b. Maintaining the information described in paragraph “a” . 34 c. Exchanging the information described in paragraph “a” 35 -1- LSB 5660HH (8) 83 ak/nh 1/ 12

H.F. 2345 with any other federal, state, or local governmental entity. 1 6. Any natural person lawfully domiciled in this state 2 may file for a writ of mandamus to compel any noncooperating 3 local or state governmental entity to comply with the reporting 4 provisions set forth in this section. 5 Sec. 2. NEW SECTION . 91A.15 Independent contractors —— wage 6 withholding. 7 1. An employer shall withhold state income tax at the 8 rate of six percent of the amount of compensation paid to 9 an individual, which compensation is required to be reported 10 on internal revenue service form 1099 and with respect to 11 which the individual has failed to provide a valid social 12 security number issued by the United States social security 13 administration. 14 2. An employer who fails to comply with the withholding 15 requirements of subsection 1 shall be liable for the taxes 16 required to have been withheld unless such employer is exempt 17 from federal withholding with respect to such an individual 18 pursuant to a properly filed internal revenue service form 8233 19 or its equivalent, and has provided a copy of such form to the 20 Iowa department of revenue. 21 Sec. 3. NEW SECTION . 91F.1 Definitions. 22 As used in this chapter, unless the context otherwise 23 requires: 24 1. “Commissioner” means the labor commissioner appointed 25 pursuant to section 91.2, or the commissioner’s designee. 26 2. “E-verify program” means one of the following: 27 a. The electronic verification of work authorization status 28 program of the federal Illegal Immigration Reform and Immigrant 29 Responsibility Act of 1996, 8 U.S.C. § 1324a, operated by the 30 United States department of homeland security. 31 b. Any federal work authorization status program equivalent 32 to the program described in paragraph “a” and operated by 33 the United States department of homeland security or any 34 other designated federal agency authorized to verify the work 35 -2- LSB 5660HH (8) 83 ak/nh 2/ 12

H.F. 2345 authorization status of newly hired employees, pursuant to the 1 federal Immigration Reform and Control Act of 1986, Pub. L. No. 2 99-603. 3 3. “Public employer” means the state of Iowa, its boards, 4 commissions, agencies, and departments, and its political 5 subdivisions including school districts and other special 6 purpose districts. 7 4. “Subcontractor” means a subcontractor, contract 8 employee, staffing agency, or any contractor regardless of the 9 contractor’s tier. 10 5. “Unfair trade practice” means any practice which offends 11 established public policy or if the practice is immoral, 12 unethical, oppressive, unscrupulous, or substantially injurious 13 to consumers. 14 Sec. 4. NEW SECTION . 91F.2 E-verify program —— 15 participation. 16 1. Each public employer shall register and participate in 17 the e-verify program to verify the work authorization status 18 of all newly hired employees. 19 2. a. A public employer shall not enter into a contract 20 for the performance of services within the state unless the 21 contractor registers and participates in the e-verify program 22 to verify the work authorization status of all newly hired 23 employees. 24 b. A contractor or subcontractor who enters into a contract 25 with a public employer shall not enter into such a contract 26 or subcontract in connection with the performance of services 27 within this state unless the contractor or subcontractor 28 registers and participates in the e-verify program to verify 29 the work authorization status of all newly hired employees. 30 3. The discharge of any United States citizen or permanent 31 resident alien employee by an employer of this state, who, on 32 the date of the discharge employed an unauthorized alien, as 33 defined in section 710B.1, shall constitute an unfair trade 34 practice, and the discharged employee shall have a private 35 -3- LSB 5660HH (8) 83 ak/nh 3/ 12

H.F. 2345 right of action for such unfair trade practice. 1 4. The provisions of this chapter shall be enforced without 2 regard to race, religion, gender, ethnicity, or national 3 origin. 4 5. The commissioner shall prescribe forms and administer 5 and effectuate the provisions of this chapter and publish 6 any rules and regulations on the department of workforce 7 development’s internet site. 8 Sec. 5. NEW SECTION . 234.15 Citizenship verification 9 program —— public benefits. 10 1. Except as provided in subsection 3 or where exempted by 11 federal law, every state agency and political subdivision shall 12 verify the lawful presence in the United States of any natural 13 person fourteen years of age or older who has applied for state 14 or local public benefits, as defined in 8 U.S.C. § 1621, or for 15 federal public benefits, as defined in 8 U.S.C. § 1611, that 16 are administered by an agency or a political subdivision of 17 this state. 18 2. The provisions of this section shall be enforced without 19 regard to race, religion, gender, ethnicity, or national 20 origin. 21 3. Verification of a person’s lawful presence in the United 22 States under the provisions of this section shall not be 23 required for the following: 24 a. For any purpose for which lawful presence in the United 25 States is not restricted by law. 26 b. For assistance for health care items and services 27 that are necessary for the treatment of an emergency medical 28 condition, as defined in 42 U.S.C. § 1396b(v)(3), of the 29 unauthorized alien involved and are not related to an organ 30 transplant procedure. 31 c. For short-term, noncash, in-kind emergency disaster 32 relief. 33 d. For public health assistance for immunizations with 34 respect to diseases and for testing and treatment of symptoms 35 -4- LSB 5660HH (8) 83 ak/nh 4/ 12

H.F. 2345 of communicable diseases whether or not such symptoms are 1 caused by a communicable disease. 2 e. For programs, services, or assistance such as soup 3 kitchens, crisis counseling and intervention, and short-term 4 shelter specified by the United States attorney general, in the 5 sole and unreviewable discretion of the United States attorney 6 general after consultation with appropriate federal agencies 7 and departments, which: 8 (1) Deliver in-kind services at the community level, 9 including through public or private nonprofit agencies. 10 (2) Do not condition the provision of assistance, the amount 11 of assistance provided, or the cost of assistance provided on 12 the income or resources of the individual recipient. 13 (3) Are necessary for the protection of life or safety. 14 f. For prenatal care. 15 4. To verify a natural person’s lawful presence in the 16 United States in order to receive benefits, the agency or 17 political subdivision required to make such verification shall 18 require that the applicant execute an affidavit under penalty 19 of perjury that makes one of the following assertions: 20 a. The applicant is a United States citizen. 21 b. The applicant is a qualified alien under the federal 22 Immigration and Nationality Act, and is lawfully present in the 23 United States. 24 5. For any applicant who has executed the affidavit 25 described in subsection 4, paragraph “b” , eligibility for 26 benefits shall be verified through the federal systematic 27 alien verification for entitlement program operated by the 28 United States department of homeland security or a successor 29 program designated by the United States department of homeland 30 security. Until such eligibility verification is completed, 31 the affidavit may be presumed to be proof of lawful presence 32 for the purposes of this section. 33 6. a. A person who knowingly and willfully makes a false, 34 fictitious, or fraudulent statement of representation in an 35 -5- LSB 5660HH (8) 83 ak/nh 5/ 12

H.F. 2345 affidavit executed pursuant to subsection 4 is guilty of a 1 fraudulent practice pursuant to section 714.8, subsection 3. 2 b. If the affidavit constitutes a false claim of United 3 States citizenship under 18 U.S.C. § 911, a complaint shall 4 be filed by the agency requiring the affidavit with the 5 appropriate Iowa district of the United States attorney’s 6 office. 7 7. An agency or political subdivision of this state may 8 adopt variations to the requirements of this section which 9 demonstrably improve the efficiency or reduce delay in the 10 verification process, or to provide for adjudication of unique 11 individual circumstances where the verification procedures in 12 this section would impose unusual hardship on a legal resident 13 of Iowa. 14 8. An agency or political subdivision of this state shall 15 not provide any state, local, or federal benefit, as defined 16 in 8 U.S.C. § 1621 or 8 U.S.C. § 1611, in violation of the 17 provisions of this section. 18 9. Each state agency or department which administers any 19 program of state or local public benefits shall provide an 20 annual report to the secretary of state with respect to its 21 compliance with the provisions of this section. Any and all 22 errors shall be reported to the United States department of 23 homeland security by the secretary of state. The secretary of 24 state shall monitor the federal systematic alien verification 25 for entitlement program and its verification application 26 errors and significant delays and shall issue an annual report 27 to the governor and the general assembly on such errors and 28 significant delays, and recommendations to ensure that the 29 application of the systematic alien verification of entitlement 30 program is not erroneously denying benefits to legal residents 31 of Iowa. 32 Sec. 6. NEW SECTION . 710B.1 Unlawful assistance —— 33 unauthorized aliens —— penalty. 34 1. For purposes of this section, “unauthorized alien” means 35 -6- LSB 5660HH (8) 83 ak/nh 6/ 12

H.F. 2345 a person who is not lawfully present in the United States. 1 2. A person shall not transport, move, or attempt to 2 transport within this state any unauthorized alien, knowing 3 or in reckless disregard of the fact that the unauthorized 4 alien has come to, entered, or remained in the United States in 5 violation of law, in furtherance of the illegal presence of the 6 unauthorized alien in the United States. 7 3. A person shall not conceal, harbor, or shelter from 8 detection any unauthorized alien in any place, including any 9 building or means of transportation, knowing or in reckless 10 disregard of the fact that the unauthorized alien has come to, 11 entered, or remained in the United States in violation of law. 12 4. A person who violates this section is guilty of a serious 13 misdemeanor. 14 Sec. 7. NEW SECTION . 710B.2 Unauthorized aliens —— official 15 documents. 16 1. Notwithstanding any other provision of law, the 17 following identification documents shall be issued only to 18 United States citizens, legal permanent resident aliens, or 19 holders of valid unexpired nonimmigrant visas. 20 a. Any driver’s licenses or nonoperator’s identification 21 cards pursuant to chapter 321, birth certificates pursuant to 22 chapter 144, or other identification documents required by 23 law or any legitimate purpose consistent with the duties of a 24 federal, state, or local governmental entity. 25 b. Identification designed to identify the bearer as a 26 student, faculty member, administrator, or employee of any 27 public or nonpublic school or state or private educational 28 institution. 29 2. a. The provisions of subsection 1 shall not apply 30 when an applicant presents, in person, proof of United States 31 citizenship including but not limited to one of the following: 32 (1) A federal passport. 33 (2) Any state driver’s license or state nonoperator 34 identification card. 35 -7- LSB 5660HH (8) 83 ak/nh 7/ 12

H.F. 2345 (3) A certified birth certificate. 1 b. The provisions of subsection 1 shall not apply when an 2 applicant presents, in person, valid documentary evidence of 3 any of the following: 4 (1) A valid unexpired immigrant or nonimmigrant visa status 5 for admission to the United States. 6 (2) A pending or approved application for asylum in the 7 United States. 8 (3) Admission into the United States in refugee status. 9 (4) A pending or approved application for temporary 10 protected status in the United States. 11 (5) Approved deferred action status. 12 (6) A pending application for adjustment of status to legal 13 permanent residence status or conditional residence status. 14 3. a. Upon approval of a document in subsection 2, 15 paragraph “b” , the applicant may be issued an identification 16 document as provided in subsection 1, unless otherwise 17 prohibited by law. Such identification document shall be valid 18 only during the time of the authorized stay of the applicant in 19 the United States, or if there is no definite end to the period 20 of authorized stay, a period of one year. 21 b. Any identification document issued pursuant to this 22 subsection shall clearly indicate that it is temporary 23 and shall state the date that the identification document 24 expires. Such identification document may be renewed only 25 upon presentation of valid documentary evidence that the 26 status by which the applicant qualified for the identification 27 document has been extended by the United States citizenship 28 and immigration services or United States immigration and 29 customs enforcement of the United States department of homeland 30 security. 31 4. Any driver’s license or nonoperator’s identification 32 card issued pursuant to chapter 321 for which an application 33 has been made for renewal, duplication, or reissuance shall be 34 presumed to have been issued in accordance with the provisions 35 -8- LSB 5660HH (8) 83 ak/nh 8/ 12

H.F. 2345 of subsection 1, provided that, at the time the application 1 is made, the driver’s license or nonoperator’s identification 2 card has not expired, or been canceled, suspended, or revoked. 3 The requirements of subsection 1 shall apply to a renewal, 4 duplication, or reissuance if the department of transportation 5 receives information or is notified by a local, state, or 6 federal agency that the individual seeking such renewal, 7 duplication, or reissuance is neither a citizen of the United 8 States nor lawfully present in the United States. 9 Sec. 8. NEW SECTION . 710B.3 Criminal conduct —— immigration 10 status verification. 11 1. A reasonable effort shall be made to determine the 12 citizenship of a person charged with a serious misdemeanor 13 or a more serious offense, or who is charged with operating 14 while intoxicated pursuant to section 321J.2, if the person is 15 confined for any period in a county jail or city jail. 16 2. If the person is not a United States citizen, the keeper 17 of the jail or other officer shall make a reasonable effort to 18 verify that the prisoner has been lawfully admitted into the 19 United States and if lawfully admitted, that such lawful status 20 has not expired. If verification of the prisoner’s lawful 21 status cannot be made from documents in the possession of the 22 prisoner, verification shall be made within forty-eight hours 23 through a query to the United States immigration and customs 24 enforcement law enforcement support center of the United States 25 department of homeland security or other office or agency 26 designated for that purpose. If the prisoner is determined not 27 to be lawfully admitted to the United States, the keeper of the 28 jail or other officer shall notify the United States department 29 of homeland security. 30 3. For the purpose of determining the grant of or issuance 31 of bond, a prisoner whose citizenship status has been verified 32 pursuant to subsection 2 to be an unauthorized alien, shall be 33 deemed a flight risk. 34 4. The department of public safety shall by rule adopt 35 -9- LSB 5660HH (8) 83 ak/nh 9/ 12

H.F. 2345 guidelines and procedures to be used to comply with the 1 provisions of this section. 2 Sec. 9. EFFECTIVE DATE. This Act takes effect January 1, 3 2011. 4 EXPLANATION 5 This bill relates to illegal immigration in Iowa. 6 The bill directs the attorney general pursuant to new Code 7 section 13.11 to negotiate a memorandum of understanding 8 (MOU) regarding immigration issues between the state and the 9 United States department of justice in order to increase joint 10 enforcement of federal immigration law with the United States 11 department of homeland security. The MOU shall help insure 12 that unauthorized aliens discovered by Iowa law enforcement 13 officials are quickly and safely transferred into federal 14 custody. 15 In new Code section 91A.15, the bill requires an employer 16 to withhold state income tax from the compensation of an 17 independent contractor who fails to provide a valid social 18 security number. An employer who fails to withhold such 19 required income taxes shall be liable for that amount. 20 The bill creates new Code chapter 91F, which requires 21 that each public employer use the federal electronic work 22 authorization program, known as E-verify, to verify the 23 lawful presence of newly hired employees. Public employers 24 are prohibited from entering into contracts unless the 25 contractors register and participate in the E-verify program. 26 The discharge of a United States citizen or a permanent 27 resident alien employee of an employer, who, on the date of the 28 discharge employed an unauthorized alien, shall constitute an 29 unfair trade practice and the discharged employee shall have a 30 private right of action. 31 Under new Code section 234.15, the bill requires each 32 state agency or political subdivision to verify the lawful 33 presence of each natural person age 14 years or older who 34 applies for state or local benefits, or federal benefits that 35 -10- LSB 5660HH (8) 83 ak/nh 10/ 12

H.F. 2345 are administered by the state agency or political subdivision 1 using the systematic alien verification of entitlement program 2 (SAVE). The Code section includes medical and disaster 3 exceptions for the verification requirement. The state 4 agencies and political subdivisions are provided a detailed 5 process for verifying a person’s lawful presence, including 6 completion of an affidavit by the applicant asserting the 7 applicant’s lawful presence in the United States. A person 8 who knowingly and willfully makes a false, fictitious, or 9 fraudulent statement in an affidavit commits a fraudulent 10 practice, and may be subject to a class “C” felony through 11 a simple misdemeanor depending on the value of the services 12 and property fraudulently received. A class “C” felony is 13 punishable by confinement for no more than 10 years and a 14 fine of at least $1,000 but not more than $10,000. A class 15 “D” felony is punishable by confinement for no more than five 16 years and a fine of at least $750 but not more than $7,500. An 17 aggravated misdemeanor is punishable by confinement for no more 18 than two years and a fine of at least $625 but not more than 19 $6,250. A serious misdemeanor is punishable by confinement for 20 no more than one year and a fine of at least $315 but not more 21 than $1,875. A simple misdemeanor is punishable by confinement 22 for no more than 30 days or a fine of at least $65 but not more 23 than $625 or by both. 24 An annual report shall be compiled by the secretary of 25 state about the use of the SAVE program by the state agencies 26 and political subdivisions and the number of errors and any 27 significant delays. The report shall be provided to the 28 governor and general assembly. 29 The bill creates new Code chapter 710B. Under Code section 30 710B.1, a person shall not transport, harbor, or shelter 31 an alien in reckless disregard for the person’s illegal 32 immigration status. Such a violation is a serious misdemeanor, 33 which is punishable by confinement for no more than one year 34 and a fine of at least $315 but not more than $1,875. 35 -11- LSB 5660HH (8) 83 ak/nh 11/ 12

H.F. 2345 New Code section 710B.2 restricts the issuance of most 1 official identification documents to United States citizens, 2 legal permanent residents, and holders of valid unexpired 3 visas. 4 The bill provides that a reasonable effort shall be made to 5 determine the citizenship of a person charged with a serious 6 misdemeanor or a more serious offense, or who is charged with 7 operating while intoxicated pursuant to Code section 321J.2, if 8 the person is confined for any period in a county jail or city 9 jail. Specific procedures are provided for law enforcement to 10 verify the immigration status of a person in custody. If the 11 person is an unauthorized alien, the person shall be reported 12 to the United States department of homeland security. The 13 Iowa department of public safety is charged with preparing 14 guidelines and procedures for complying with this provision. 15 The bill takes effect January 1, 2011. 16 -12- LSB 5660HH (8) 83 ak/nh 12/ 12