Sponsored by:

Senator MICHAEL J. DOHERTY

District 23 (Hunterdon, Somerset and Warren)

Senator STEVEN V. OROHO

District 24 (Morris, Sussex and Warren)

Co-Sponsored by:

Senators A.R.Bucco and Singer

SYNOPSIS

Requires proof of lawful presence in the United States to obtain certain benefits.

CURRENT VERSION OF TEXT

Introduced Pending Technical Review by Legislative Counsel

An Act concerning proof of eligibility for certain State and local benefits and privileges and supplementing Title 52 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. As used in this act:

"Law enforcement agency" means any law enforcement or intelligence agency, department and authority of the United States Government or of the State or a political subdivision thereof.

"State or local public benefit" means:

a. Any grant, contract, loan, professional license, or commercial license provided by an agency of the State or any political subdivision thereof or by appropriated funds of the State or any political subdivision thereof; and

b. Any retirement, welfare, health, disability, public or assisted housing, post secondary education, food assistance, unemployment benefit, or any other similar benefit for which payments or assistance are provided to an individual, household, or family eligibility unit by an agency of the State or political subdivision thereof or by appropriated funds therefrom.

"Verifiable" means that the issuance of a document by the issuing agency to the person named on the document is capable of being confirmed, upon request, by a law enforcement agency.

2. a. As a condition for obtaining any State or local public benefit, except for a State or local public benefit that may not be withheld under federal law or regulation, an applicant or recipient thereof shall provide satisfactory verifiable proof, pursuant to rules and regulations promulgated by the Attorney General, that his presence in the United States is authorized under federal law.

b. A person acting in the capacity of a public official, with respect to the granting of a State or local benefit, shall not accept, acknowledge or recognize anything other than the proof established by the Attorney General pursuant to subsection a. of this section.

3. This act shall take effect on the first day of the sixth month after enactment.

STATEMENT

A 1996 federal immigration reform law authorized states to require that an applicant for State or local government benefits show proof of eligibility, such as a United States passport, driver's license, or resident alien card. Congress passed that legislation in part to limit unauthorized migration by tightening access to public benefits available to noncitizen immigrants.

New Jersey's illegal alien population has been estimated to be as high as 300,000 by the Migration Policy Institute. According to the institute, this represents a 186 percent increase since 1992. New Jersey, it has stated, has the sixth highest illegal alien population in the country and spends about $300 to $400 million per year in public services. It has been estimated that about one-half of this population, also known as undocumented or unauthorized immigrants, enter legally, then overstay or otherwise violate the terms of their visas.

This bill would require any individual, household, or family receiving the following State or local benefits, with certain exceptions, to show verifiable proof of lawful resident status: grants, contracts, loans, licenses as well as retirement, welfare, health, disability, public or assisted housing, post secondary education, food assistance, or unemployment benefits. Proof that a person's presence in the United States is authorized under federal law would be demonstrated by documentation established by the Attorney General pursuant to rule and regulation. Public officials providing such benefits and privileges would be obligated to review such documentation.