Kansas Senate quickly endorses legislation banning ‘sanctuary cities’

Senators fast-tracked bill, which now goes to Gov. Laura Kelly, without reading it or allowing opponents to testify

by Noah Taborda, Kansas Reflector

Topeka — Kansas senators Wednesday backed a measure prohibiting municipal governments from creating “sanctuary cities,” rejecting concerns about the speed the measure was moving through the Legislature.

House Bill 2717 is a response to action taken by the Unified Government of Kansas City, Kansas – Wyandotte County to authorize municipal identification cards for undocumented people. The community’s Safe and Welcoming Act is intended to improve access to public services and allow undocumented immigrants to report crimes without the risk of deportation for them or their families.

But bill-backers, like Attorney General Derek Schmidt, who initiated the effort, and Secretary of State Scott Schwab, said the act has the potential to interfere with elections and other rights exclusive to Kansas citizens.

“We know that people out there’s confidence in the elections has fallen,” said Sen. Dennis Pyle, R-Hiawatha. “We have a job to do and that is to restore that confidence in our rule of law.”

Sen. Jeff Pittman, D-Leavenworth, found the concern for rule of law interesting given the fact the Senate was taking the unusual step of sending a bill approved by a committee straight to final action instead of general orders.

“I just want to make sure we all understand when talk about the rule of law that sometimes we even here seem to bend them a little bit,” Sen. Pittman said.

Senators approved the bill 29 to 10, just over 24 hours after hearing the bill and a week after it cleared the House 84 to 38. The bill now goes to the governor’s desk for consideration.

As of 2021, 12 states have enacted state-level laws prohibiting or restricting “sanctuary” jurisdictions. The Kansas Legislature has considered legislation to prohibit sanctuary cities across the state on several occasions, but none has passed.

Law enforcement officials in Wyandotte County have told legislators they have not joined U.S. Immigration and Customs Enforcement agents on immigration raids in years.

Sen. John Doll, R-Garden City, compared the Legislature approving bills that break down local control to Will Smith slapping Chris Rock at the Oscars.

“I think we just do so many things to curb the power of the municipal,” he said.

After passage of the bill, Schmidt commended the Legislature for backing his proposal.

“Neither our nation’s broken immigration system nor the Biden administration’s ongoing failure to secure our national borders justifies a patchwork of local rules that prevent law enforcement agencies from cooperating with federal officials,” Schmidt said. “Nor does it justify local governments issuing identification cards that can be used statewide but lack basic anti-fraud protections. This commonsense legislation should become law.”

On Tuesday, a Kansas Senate committee took immediate action to advance the controversial bill, despite an issue with testimony and some concerns about a lack of deliberation.

During the hearing on the bill, only two members of the Senate Federal and State Affairs Committee confirmed they had read the Wyandotte ordinance carefully, with others saying they had glanced at it. Sen. Cindy Holscher asked to table the bill until there was time to assess the ordinance and the impact this action would have.

“I appreciate the fact that Wyandotte County has spent five years developing the Safe and Welcoming plan to address some of the issues in their community,” the Overland Park Democrat said. “We’ve spent roughly an hour on this situation, which really doesn’t seem just.”

Holscher’s efforts were quickly glossed over by Sen. Rob Olson, an Olathe Republican and chairman of the panel, who pivoted to a successful motion by Sen. Richard Hilderbrand, R-Baxter Springs, to approve the bill.

The hearing took place with less than a day’s notice, opponents of the bill told senators on the committee. Some, like Loud Light advocacy director Melissa Stiehler, were told the committee forgot to add several pieces of opponent testimony and, due to the error, they would not be allowed to testify.

In a tweet shortly after the committee voted to send the measure to the full Senate, Stiehler bashed the committee for passing the ordinance without reading the ordinance in detail or considering the testimony that was not added to the agenda.

“Ironically, my testimony was about how this bill is fundamentally anti-democratic,” Stiehler said. “I hate to be right.”

On the Senate floor Wednesday, Hilderbrand defended the committee and staff for working as hard as they can to get all relevant materials prepared by the time of the hearing.

“You attack the process when you cannot attack the integrity of what’s in the bill,” Hilderbrand said.

Kansas Reflector stories, www.kansasreflector.com, may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0.
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AG-backed bill prohibiting ‘sanctuary cities’ brings heavy opposition to Kansas Statehouse

by Noah Taborda, Kansas Reflector

Topeka — Lawmakers are wrangling with legislation backed by Kansas Attorney General Derek Schmidt to prohibit municipal governments from adopting rules that block cooperation with federal authorities investigating illegal immigrants.

Schmidt initiated the push for a ban on “sanctuary cities” in response to action by the Unified Government of Kansas City, Kansas – Wyandotte County to authorize the issuance of photo identification cards to undocumented people to improve access to public services. The Safe and Welcoming City Act was structured so the ID information wouldn’t be shared with U.S. Immigration and Customs Enforcement.

Opponents of the legislation outnumbered supporters 64-7 during a hearing Tuesday in the House Federal and State Affairs Committee.

Alejandro Rangel-Lopez, lead coordinator for the New Frontiers Project, a group in southwest Kansas working to empower people of color, described his family history with immigration and the importance of having communities where immigrants can feel safe.

Rangel-Lopez said that while proponents may claim the bill does not target legal immigrants, many with mixed-status families would suffer.

“It should be clear to you now that this is not a game. The choices you make as a legislator have very real impacts on the lives of people like me and my family,” Rangel-Lopez said. “Listen to us when we tell you this will have insidious effects on crime reporting in immigrant communities. Listen to us when we tell you that your decisions don’t exist in a vacuum.”

Under House Bill 2717, local units of government would be unable to adopt any “ordinance, resolution, rule or policy” that would interfere with law enforcement cooperation in immigration enforcement actions. In Wyandotte County, law enforcement officials said they hadn’t joined ICE agents on immigration raids for years.

As of 2021, 12 states have enacted state-level laws prohibiting or restricting sanctuary jurisdictions. The Kansas Legislature has considered legislation to prohibit sanctuary cities across the state on several occasions, but none has passed.

Schmidt, a Republican candidate for governor, said Kansas required such a law to ensure the entire state can be safe and welcoming to immigrants.

“That worthy goal cannot be properly accomplished through a patchwork process of local jurisdictions deciding to prohibit their local law enforcement agencies from cooperating or even communicating with federal authorities, nor can that be accomplished by issuing to non-citizens new local-government identification cards that lack basic anti-fraud and anti-abuse safeguards built into state law,” Schmidt said.

The measure also would forbid municipal governments from issuing ID cards to people not lawfully residing in the United States that were designed to satisfy identification requirements set in state law. Any of these cards would read “Not valid for state ID.”

Violating the proposed statute would be considered ID fraud under state criminal law.

While the Kansas Secretary of State’s Office supported the bill, a representative of the office urged legislators to address a potential conflict between state laws on the use of ID cards that could result in voter confusion and litigation.

“It is the firm position of the Kansas Secretary of State that only United States citizens may vote in an election,” said Clay Barker, deputy assistant secretary of state. “Requiring voter identification to cast a ballot ensures the protection of voters’ rights and the integrity of the electoral process.”

Opponents of the bill said it was late in session to be passing such significant legislation.

Aileen Berquist, a lobbyist for the American Civil Liberties Union of Kansas, said proponents were narrow sighted in their approach as the bill would not only instill fear but undermine local authority to make the best decisions for their communities. She said it would also force an unfunded mandate on municipal governments by forcing them to engage in potentially unconstitutional immigration enforcement activities.

Immigration and Customs Enforcement detainers are not arrest warrants, Berquist said, but instead are notifications to local law enforcement that ICE intends to assume custody of an individual.

“Courts have repeatedly found that ICE detainers deny due process and do not comply with the fundamental protections required by the Fourth Amendment to the U.S. Constitution,” Berquist said. “Multiple courts have held that the Fourth Amendment does not permit state or local officers — who generally lack civil immigration enforcement authority — to imprison people based on ICE detainers alone. But that is precisely what (the bill) demands that cities and counties do.”

Kansas Reflector stories, www.kansasreflector.com, may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0.

See more at https://kansasreflector.com/2022/03/15/ag-backed-bill-prohibiting-sanctuary-cities-brings-heavy-opposition-to-kansas-statehouse/.