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Minutes for HB2717 - Committee on Federal and State Affairs
Short Title
Prohibiting any municipality from preventing the enforcement of federal immigration laws, requiring municipal law enforcement agencies to provide written notice to each law enforcement officer of the officer's duty to cooperate with state and federal agencies in the enforcement of immigration laws and requiring any municipal identification card to state on its face that it is not valid for state identification.
Minutes Content for Tue, Mar 15, 2022
Chairperson Barker opened the hearing on HB2717. The Revisor provided an overview of the bill. Questions were asked by Representatives Haswood and Miller.
The Chairperson recognized General Derek Schmidt as a proponent of HB2717 (Attachment 1). He stated that currently Kansas has no state law prohibiting, regulating or otherwise limiting the authority of local units of government to adopt "sanctuary" policies. He believes there should be a state law on this so there will be uniformity. HB2717 stops municipalities from prohibiting or impeding their law enforcement agencies from communicating, cooperating or interfering with federal authorities. It also provides that municipal identification cards may not be used as proof of identity for state-law purposes. It requires that those identification cards bear the statement, "Not valid for state ID." Questions were asked by Representatives Ruiz, Clayton, and Highberger.
Bryan Caskey testified in place of Clay Barker as a proponent of HB2717 (Attachment 2). He stated that it is the firm position of the Secretary of State that only United States citizens may vote in an election. HB2717 creates a potential conflict between state laws and may result in voter confusion and litigation. They request clarification on the language pertaining to the use of municipal and state issued identification cards.
Chairperson Barker recognized Sheriff Jeff Easter as a proponent of the bill (Attachment 3). He stated his associations support this bill since it would prohibit municipalities from placing law enforcement in a Catch-22 position between violating local ordinance or concealing unlawful acts under federal law, thereby obstructing federal investigations.
Jose Cabrera offered proponent testimony on HB2717 (Attachment 4). He stated that his family are refugees from Cuba. He supports HB2717.
Chairperson Barker allowed questions by the Committee of the proponents. Questions were asked by Representatives Ruiz, Highberger, and Haswood.
Chairperson Barker noted that there was written proponent testimony from Duane Beth (Attachment 5); Richard Lavin (Attachment 6); and Senator Kellie Warren (Attachment 7).
Chairperson Barker recognized Dr. Mildred Edwards as an opponent to HB2717 (Attachment 8). She stated that HB2717 does not take into consideration what is best for their community. It infringes on the local municipality's right to act in the best interest of their community and exercise the related powers of governance.
Chairperson Barker recognized Alejandro Rangel-Lopez as an opponent to HB2717 (Attachment 9). He stated that although our immigration system is broken, the answer is not to weaponize a community's police force against its immigrant population.
Monsignor Stuart Swetland provided opposition testimony (Attachment 10). He stated that we should value and respect local decision-making in government. Local communities need to be able to craft commonsense local remedies that mitigate the worse effects of a broken system on local communities, business, families, and individuals. The safe and welcoming legislation passed in Wyandotte County will make that county safer and improve economic development.
Chairperson Barker recognized Michael Rebne as an opponent to HB2717 (Attachment 11). He stated that HB2717 is unnecessary government overreach and should be eliminated.
Rija Nazir testified in opposition to HB2717 (Attachment 12). She stated this bill violates the rights of local communities and government to create regulations that best represent them and their residents.
Pastor Rick Behrens was recognized by the Chair as an opponent to the bill (Attachment 13). He stated that the unfunded mandate of HB2717 is that every local law enforcement officer become an enforcer of federal immigration law.
The Chair recognized Marcus Winn as an opponent to HB2717 (Attachment 14). He stated that this bill infringes on every local government in Kansas by creating unfunded mandates on already overworked and underfunded local law enforcement agencies. Local communities should retain the liberty to decide how to address its local issues.
Sister Therese Bangert testified in opposition to HB2717 (Attachment 15). She stated Safe and Welcoming Ordinance passed by Wyandotte County allows immigrants in the community to have a trusted relationship with law enforcement. She asked the Committee to not pass HB2717.
The Chairperson recognized Logan Byrd (Attachment 16). She stated that this bill is an attack on small government.
Monica Vargas-Hueras testified on behalf of Martin Rosas as an opponent to HB2717 (Attachment 17). She stated that the union she represents is strongly opposed to this bill. Please put the safety and well-being of all Kansas residents first and would ask the Committee to not pass this bill.
The Vice-Chairperson recognized Caleb Smith as an opponent to the bill (Attachment 18). He stated that our state's future and the well-being of our communities is at stake. HB2717 undermines Kansas values while weakening our economy and making our communities less safe.
Chloe Chaffin offered testimony in opposition to HB2717 (Attachment 19). She stated that this bill is a major affront to the idea of self-governance and local autonomy.
The Chair recognized Angela Ferguson as an opponent to HB2717 (Attachment 20). She stated that this bill will make it harder for employers to get the valued workers they need and it will require Kansas to enforce federal immigration laws that cost the cities and counties a lot of money to do that grunt work. Public safety will be harmed if this bill becomes law because immigrants will be afraid to report crime.
Chairperson Barker recognized Rubi Perez (Attachment 21). She stated that HB2717 will cause more mental health issues due to living in constant fear and anxiety of being deported and will cause more public harm and violence.
Sarah Waggoner testified in opposition to HB2717 (Attachment 22). She stated that this bill would be detrimental to her community and she would urge them to vote against this bill.
Maureen Horowitz testified as an opponent to HB2717 (Attachment 23).
Victoria Arcano testified in opposition to HB2717 (Attachment 24). She stated it is concerning to her that the legislature is considering pre-empting the Unified Government from enforcing parts of the Safe and Welcoming Act.
Chairperson Barker stated that there is written opposition testimony from Kathleen Alonso (Attachment 25); Birdie Alt (Attachment 26); Sheriff Jay Armbrister, Douglas County Sheriff (Attachment 27); Aileen Berquist, ACLU (Attachment 28); Connie Brown Collins (Attachment 29); Janet Cashman (Attachment 30); Irene Caudillo, El Centro (Attachment 31); Andrew Davis (Attachment 32); Rev. Caroline Dean, Plymouth Congregational Church (Attachment 33); Mark A. Depree, Sr., Wyandotte County District Attorney (Attachment 34); Mariel Ferreiro (Attachment 35); Emma Green, Safe & Welcoming Roeland Park (Attachment 36); Jay Hall, Kansas Association of Counties (Attachment 37); Kay Heley, RN (Attachment 38); Stephanie Iser, Safe & Welcoming Roeland Park, Kansas (Attachment 39);Corliss Jacobs, Cross Border Network (Attachment 40); Mary Lou Jaramillo (Attachment 41); Karla Juarez (Attachment 42); Mike Kelly, Roeland Park Mayor (Attachment 43); Randy Lopez (Attachment 44); Leslie Mark (Attachment 45); Mel Marsh, Cross Border Network (Attachment 46); Richard Martinez (Attachment 47); Ty Melgren (Attachment 48); Erin Melton, Kansas Action for Children (Attachment 49); Laura Mersman (Attachment 50); Jake Miller, Working Kansas Alliance (Attachment 51); Dr. Jaime Perales (Attachment 52); Angelica Plata (Attachment 53); Michael Poppa, Mainstream Coalition (Attachment 54);Shannon Portillo (Attachment 55); Christian Ramirez (Attachment 56); Shannon Reid (Attachment 57); Raymond Rico (Attachment 58); Dory Sabata (Attachment 59); Kenneth Schmitt, Missouri-Kansas Chapter of the American Immigration Lawyers Association (Attachment 60); Courtney Shipley, Lawrence Mayor (Attachment 61); Gabi Sprague (Attachment 62); Melissa Stiehler (Attachment 63); Lillian Taylor (Attachment 64); Yeni Telles, LMSW (Attachment 65); Sister Janice Thome (Attachment 66); Naomi Tolentino, Advocates for Immigrants Rights and Reconciliation (Attachment 67); Suzanne Valdez, Douglas County District Attorney (Attachment 68); Nancy Wagner (Attachment 69); Rev. Stevie Wakes (Attachment 70); Gloria Walker (Attachment 71); and Anna Woelk (Attachment 72).
Chairperson Barker opened the floor for questions of the opponents. Questions were asked by Chairperson Barker and Representatives Ruiz, Howe, Miller, Penn, and Waggoner.
Chairperson Barker asked that a copy of the Wyandotte County ordinance be provided to the Committee. A copy of that ordinance is attached hereto (Attachment 73).
Chairperson Barker closed the hearing on HB2717.
The meeting was adjourned at 10:22 a.m.
