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Indiana General Assembly
House Bill 1225


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House Bill 1225

ARCHIVE (2008)

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Illegal alien matters. Prohibits a state agency or political subdivision from providing federal, state, or local public benefits to a person who is not a: (1) United States citizen; or (2) qualified alien under the federal Immigration and Nationality Act and lawfully present in the United States. Requires a state agency or a political subdivision to verify the lawful presence in the United States of each individual who: (1) is at least 18 years of age; and (2) applies for federal, state, or local public benefits administered by the agency or political subdivision. Provides that: (1) a state agency or political subdivision may provide variations of the verification of lawful presence requirements; and (2) a person who makes a false, fictitious, or fraudulent statement of representation in an affidavit verifying lawful presence commits a Class D felony. Prohibits a person to knowingly employ an unauthorized alien. Requires the attorney general to: (1) investigate a complaint that an employer knowingly employed an unauthorized alien; (2) verify the work authorization of the alleged unauthorized alien with the federal government; (3) notify United States Immigration and Customs Enforcement, local law enforcement agencies, and the appropriate prosecuting attorney; and (4) maintain certain records of violation orders. Requires prosecuting attorneys to file actions against employers for knowingly employing unauthorized aliens after December 31, 2008. Requires a court to: (1) hold a hearing and make a determination of the action on an expedited basis; (2) if a person knowingly employs an unauthorized alien, order the employer to terminate the employment of unauthorized aliens, order the employer to file a signed affidavit, and place the employer on probation for three years; (3) order agencies to suspend all licenses held by the employer for the operation of the business location if the employer fails to file a sworn affidavit; (4) for a second violation during the probationary period, order agencies to revoke all licenses held by the employer for the operation of the business location; and (5) send copies of orders to the attorney general. Provides that a court may: (1) suspend an employer's licenses if an employer knowingly employs an unauthorized alien; and (2) consider only the federal government's verification or status information in determining whether an individual is an unauthorized alien. Establishes: (1) a rebuttable presumption that an employer did not knowingly employ an unauthorized alien if the employer verified the employment authorization of an individual through the federal pilot program; and (2) an affirmative defense if the employer complied in good faith with the federal employment verification requirements. Makes it a Class C misdemeanor to knowingly file a false or frivolous allegation with the attorney general. Makes it a: (1) Class A misdemeanor to transport or move (and a Class D felony for a subsequent offense); and (2) Class A misdemeanor to conceal, harbor, or shelter from detection (and a Class D felony for a subsequent offense); an alien knowing or in reckless disregard of the fact that the alien has come to, entered, or remained in the United States in violation of law. Prohibits a political subdivision from: (1) enacting an ordinance, resolution, rule, or policy that prohibits or limits another political subdivision or governmental body from sending, receiving, maintaining, or exchanging information on the citizenship or immigration status of an individual; and (2) providing certain assistance to a person who is not lawfully present in the United States. Requires the budget agency to withhold allotments of state and federal funds for highways, roads, and streets of political subdivisions in violation of these prohibitions. Requires a sheriff to make a reasonable effort to determine the citizenship or immigration status of certain persons. Prohibits a state financial institution from providing financial services to an individual who is present in the United States but not lawfully present in the United States. Makes it a Class D infraction for a nonprofit corporation to provide assistance to an individual who is not lawfully in the United States. Provides that a nonprofit corporation that has a judgment loses the corporation's exemption status under income, sales, and property taxes for one year. Requires the superintendent of the state police department to: (1) negotiate terms of a memorandum of understanding concerning a pilot project for the enforcement of federal immigration and customs laws; (2) designate appropriate local law enforcement officers to be trained under the memorandum of understanding; and (3) file a report on the progress of entering into the memorandum of understanding.
Current Status:
 In Committee - first House
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