Legislative hearing planned on Safe and Welcoming bill

A state legislative hearing is planned on a bill that would stop Kansas City, Kansas, from implementing a Safe and Welcoming ordinance that was passed earlier this year.

The hearing was scheduled at 9 a.m. Tuesday, March 15, in the Federal and State Affairs Committee in the Kansas House, Topeka.

The bill was requested by Kansas Attorney General Derek Schmidt, who is running for the Republican nomination for governor. The bill would stop Kansas City, Kansas, from implementing parts of its Safe and Welcoming ordinance, which welcomes immigrants and provides an identification card for them, as well as states that no Unified Government personnel will be notifying immigration officials about their presence.

Two state legislators discussed this bill at an online legislative coffee held Feb. 26, sponsored by the League of Women Voters and the Kansas City, Kansas, Public Library.

State Rep. Pam Curtis, D-32nd Dist., said at the coffee that this bill was just another example of the state encroaching on local control.

Rep. Curtis said first of all, the federal government should be dealing with the immigration issue, and then that would solve the problems at the local level.

But since the federal government hasn’t done that, the state and local communities are trying to find a way to make their communities safe, and have all residents engaged.

Rep. Curtis said she read a quote from Schmidt that likened those participating in the ID programs to drug cartel members.

However, at the UG meetings, the commission heard from undocumented workers who do not have criminal records, as well as from many social workers and educators. The Kansas City, Kansas, Board of Education has voted to support this bill, because the IDs will make identification easier for parents enrolling school children. It also would help in getting medical care for people living in the community who do not have identification cards, according to its supporters.

“We need to clearly demonstrate who we’re talking about and the people in our community, the benefits of them having an identification card, and the benefits of the community having members who live in the community having IDs,” Rep. Curtis said.

Rep. Kathy Wolfe Moore, D-36th Dist., said she agreed. There are 105 different counties in Kansas, and it doesn’t matter what side you’re on, what matters is that the community here had a vote, had a public hearing and decided to do this, she said.

Local control is so important because local officials know their communities much better than state officials, she said.

Rep. Wolfe Moore said she is concerned that this bill could pass on the House floor.

During discussion earlier this year at the UG Commission meetings, the police chief in Kansas City, Kansas, said they haven’t been notifying immigration authorities for several years, and the sheriff’s department said the department notifies immigration authorities if there is an outstanding warrant. The KCK ordinance applied only to KCK and not to the sheriff’s office.

Other cities with Safe and Welcoming ordinances include Roeland Park and Lawrence.

House Bill 2717 prohibits any municipality from preventing the enforcement of federal immigration laws, requiring local 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.

The Federal and State Affairs Committee is scheduled to meet at 9 a.m. Tuesday, March 15, with the hearing scheduled for March 15 in Room 346-S.

Members of the Federal and State Committee include Rep. John Barker, chair; Rep. Tony Marie Arnberger, vice chair; Rep. Louis Ruiz, ranking minority member; Rep. Francis Awerkamp, Rep. Jesse Burris, Rep. Stephanie Clayton, Rep. John Eplee, Rep. Randy Garber, Rep. Christina Haswood, Rep. Broderick Henderson, Rep. Dennis “Boog” Highberger, Rep. Michael Houser, Rep. Steven K. Howe, Rep. Leah Howell, Rep. Jo Ella Hoye, Rep. Vic Miller, Rep. Lisa Moser, Rep. Patrick Penn, Rep. Samantha Poetter Parshall, Rep. John Resman, Rep. Eric L. Smith, Rep. Adam Thomas and Rep. Paul Waggoner.

To send emails to the committee members, find their email addresses at http://www.kslegislature.org/li/b2021_22/chamber/house/roster/.

HB 2717 is online at http://www.kslegislature.org/li/b2021_22/measures/documents/hb2717_00_0000.pdf.

To see a video of the Wyandotte County legislative coffee from Feb. 25, visit either https://www.youtube.com/c/KCKPublicLibrary or https://www.youtube.com/c/LWVJOCOKS4VOTERS.

The next virtual Wyandotte County legislative coffee will be held at 9 a.m. Saturday, March 26, sponsored by the Bonner Springs City Library, the League of Women Voters and the Bonner Springs NAACP. It will be a Zoom meeting. Legislators who have stated they will participate in this event include Rep. Tom Burroughs, Sen. Jeff Pittman and Sen. Pat Pettey. To register in advance for this Zoom meeting, visit https://www.lwvjoco.org/content.aspx?page_id=4002&club_id=768754&item_id=1590818 or [email protected],

Kansas attorney general files bill banning sanctuary cities, issuance of IDs

by Tim Carpenter, Kansas Reflector

Topeka — Attorney General Derek Schmidt introduced legislation in the Kansas House to create a state law blocking local municipal governments from adopting rules against cooperation with federal law enforcement investigating illegal immigrants.

Schmidt’s legislative push followed action in early February by the Unified Government of Kansas City-Wyandotte County to authorize issuance of photograph 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 the U.S. Immigration and Customs Enforcement.

The attorney general, who is a Republican candidate for governor, said the House bill would prevent cities, counties and other taxing subdivisions from giving rise to formation of a “sanctuary” jurisdiction.

“Citizens throughout our state deserve to know that wherever they may travel in Kansas, law enforcement officials are cooperating with federal and state agencies to fairly enforce applicable law and are not obliged to turn a blind eye to some unlawful conduct merely because of local politics,” Schmidt said.

Schmidt said a statewide response was necessary due to failure by the administration of President Joe Biden to “secure our nation’s southwest border.”

“This is an important law-and-order issue throughout our state, not merely a matter for local preference,” the attorney general said.

Under House Bill 2717, local units of government couldn’t adopt an “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.

The measure endorsed by Schmidt 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 cards of this type would have to bear the words “Not valid for state ID.” Violation of the proposed statute would be considered ID fraud under state criminal law.

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Modified Safe and Welcoming ordinance receives committee approval

Supporters of a modified Safe and Welcoming ordinance turned out to make their views known at a committee meeting Jan. 24.

The modified Safe and Welcoming ordinance advanced for consideration to the full commission meeting after unanimous approval Jan. 24 in the Unified Government Public Works and Safety Committee.

The main changes to the previous ordinance under consideration, according to UG attorney Susan Alig, include the UG contracting with a program administrator to administer the identification program; the program administrator, not the UG, will issue the ID; the UG will not obtain or retain records that are provided to the program administrator to obtain an ID; the UG will require the program administrator to defend against disclosure of these records; and the UG would require the program administrator to provide language assistance for those applying for the ID.

Some of the changes were made because UG attorneys were concerned about the ordinance conflicting with requirements of federal grants, that the original proposal could have a detrimental effect on local – federal task forces, that the former proposal exceeded the commission’s authority over the sheriff’s offices policies, or violated federal law, according to Alig. The changes have addressed these concerns.

The different sides were in general agreement at the Jan. 24 meeting, with the Safe and Welcoming Coalition endorsing the revised ordinance. The police chief and sheriff, who appeared at the meeting, had no objections to the new ordinance.

There were around 20 persons who spoke during a community comment time at the Jan. 24 meeting, all in favor of the proposed ordinance.

Monsignor Stuart Swetland, president of Donnelly College, said he was strongly in favor of the ordinance. The current immigration system is very broken and needs comprehensive reform, he said. However, because of the impasse at the federal level, programs such as the ordinance are one of the best things they can do for the community, economically and morally, he said.

He said he had seen similar programs in other places where he served as an educator, including in Illinois. That program was very successful and made economic transitions much easier. Half of that county put the ID program into place while the other half waited, he said. The economic benefit for the first half was so strong that within weeks, the second half began to be involved.

He said he had seen, as an educator, that some people are fearful of interacting with the police, and he wants to eliminate that for the safety of all, so everyone could have access to public safety.

Judy Ancel of the Cross Border Network of Kansas City, who has been very active in the safe and welcoming effort, said the proposed ordinance would be beneficial to the whole community, encouraging trust and cooperation between law enforcement and local residents. It would also facilitate health department visits, she said.

Naomi Tolentino with Advocates for Immigrant Rights, said the ordinance would provide residents with tools to better protect themselves and their families.

“All people deserve a chance for a safe and dignified life,” she said, adding they should be able to live without fear of deportation.

She said she was asking for approval for a neighbor who was too afraid to report a crime to police, for parents who have difficulty enrolling children in school because they don’t have an ID, for people who can’t check a book out of a library, and students who can’t attend prom because they don’t have an ID.

Sarah Waggoner said the Rosedale Development Association supported the passage of the Safe and Welcoming ordinance, because many Rosedale residents face barriers in everyday life due to not having an ID; and because the RDA’s summer youth employment program finds it difficult to pay youth who do not have IDs or bank accounts.

If the ordinance is thoughtfully implemented in partnerships with Wyandotte County institutions, it would be useful to services like check cashing, she said.

She said she believes that if the ordinance is passed, there would be better communications with the police department, making all neighborhoods safer.

Waggoner said that victims of domestic violence often face a lack of easy access to receive new copies of documents to begin to rebuild their lives. Sometimes these documents such as a state ID and a birth certificate are not easily available to victims, she said. By offering an alternative ID, it would make day-to-day functioning a little easier for Wyandotte County residents and remove one of the barriers to get people back on their feet after a setback, she said.

Victoria Arcano, a former KCK resident, said she worked about a year and a half for the KCK police department, and she currently works at a domestic violence shelter. She said survivors of violence have been negatively impacted by current policies or practices. The impact on survivors and families has been dangerous, she said. If families knew federal immigration authorities could be called as a consequence of them filing for protection, they may not have filed, she said.

She also said many people had been unable to access COVID-19 testing because they did not have IDs.

Connie Brown Collins, founder of Voter Rights Network of Wyandotte County, said she supported the Safe and Welcoming ordinance.

She noted that this would offer a means of legal ID for seniors, disabled and homebound individuals.

She cited a case of a man born in Georgia who did not have a birth certificate, as he was born in the 1930s in the segregated South, and many births were at homes and not in hospitals. It took months for him to get a simple record of his birth, she said. One neighbor, who was born in North Carolina, gave up trying to get a birth certificate, she said. The lack of ID can affect their ability to fly or to utilize military veterans services, she added. The ID cards can help them navigate necessities.

Kim Weaver, a resident, supported the Safe and Welcoming ordinance. She said the KCK police already have an ID program for some individuals, such as the homeless, and while they are grateful for it, there is a need for other residents to have an ID.

The ordinance would affect more than the immigrant community, she added. It is difficult for the unsheltered to get back to housing without an ID, she said.

She said some immigrants and residents were uncomfortable meeting with census takers during the census, which affected the numbers and dollars coming into Wyandotte County.

Sister Therese Bangert, justice advocate for the Sisters of Charity of Leavenworth, said there has been a strong coalition in the state Legislature for immigration reform.

Self-interest, she said, is a part of how this ordinance would improve the quality of life for residents. She cited articles that showed the economy would grow with immigration reform, and included statistics from other communities where immigration reform sustained the economy.

Lauren Bonds, an attorney working to support the Safe and Welcoming Coalition for about four years, also supported the ordinance.

Legal concerns about restrictions were one of the major barriers to the ordinance, she said. The original ordinance placed the burden on local law enforcement, while the UG worked to revise the bill and eliminate any provisions that would expose the UG to any legal consequences. There were also provisions to protect members of the community.

This draft of the current proposed ordinance would stand up to scrutiny by even the most conservative jurist, Bonds said. The Safe and Welcoming ordinance will help protect immigrants, the unhoused and the recently incarcerated, who would be able to access services, virtually at no cost to the UG, she said.

Leslie Butsch, a Kansas City, Kansas, resident and a social worker, said she had worked with children, including a 16-year-old who was trying to support the entire family on income from a job at a grocery store. She worked to help get a state-issued ID, and there are expensive and time-consuming hoops that people have to go through, she said.

“I want to live in a place where everyone feels a sense of belonging,” she said.

Randy Lopez, a Kansas City, Kansas, resident who is president of the Kansas City, Kansas, Board of Education, said he was appearing as a resident to ask support for the Safe and Welcoming ordinance. The school board in January 2020 approved its support for the ordinance, he said.

The ordinance would help to continue to improve the trust between the community and police department, he said.

The school district heard from constituents, staff and students on how this would positively affect thousands of students, he said.

Dr. Yolanda Huet-Vaughn, a family physician for 39 years in Kansas City, Kansas, said some of the children of immigrant parents have had to go through the stress of wondering whether their parents would be deported.

She cited an example of one parent who was arrested and taken to federal immigration authorities despite their immigration application in process. They lost their home, and had to pay thousands to stop the deportation, she said. They were detained two years before winning their case.

Some immigrant residents have been assaulted, robbed, their car stolen, and were afraid to report it to the police because they were afraid of being turned over to federal immigration authorities, she said.

The stress they face creates bad health consequences, including decreased sleep, increased risk of cancer, panic attacks and high blood pressure, and it would be a much healthier community if people could be certain they would not be turned over to immigration authorities, she said.

Irene Caudillo, president and CEO of El Centro, said El Centro favors this Safe and Welcoming ordinance.

It will ensure Wyandotte County is a safe and welcoming place, not just for those they serve, but for all residents of Wyandotte County, she said.

Nothing in the proposed ordinance will limit public safety officers from responding to criminal activity, she said. There is no free pass to anyone to commit crime, and everyone is accountable, she said.

Some immigrant families have lived in the community an average of 20 years, and this is a step to build trust and cooperation between local government and enforcement, she said.

The proposed ordinance will allow people to go about their lives without fear and intimidation, she said.

“Wyandotte County stands to benefit from municipal ID to bring us out of the shadows and empower us to interact with the local government,” she said. “The ID cards promote trust and inclusion. The strongest communities are those where every resident feels like they belong as a valued member of the community.”

Diosselyn Tot, a Wyandotte County resident, said she supports the proposed ordinance, and it would embrace full diversity of what make the community a home.

Immigrant entrepreneurs have helped bring back life to the streets and vacant lots that have been abandoned in Kansas City, Kansas, she said. She strongly urged the ordinance’s passage.

“We have been fighting for about five years now, and I believe it is time to make a decision,” she said.

Evelyn Hill, with Avenue of Life, was in support of the proposed ordinance, and said data showed it would help keep neighborhoods safe and encourage cooperation with law enforcement.

“We believe Wyandotte County should remain a place where people come from all nations to become law-abiding members of Wyandotte County,” she said.

According to UG staff, state Sen. Pat Pettey sent in a written statement in support of the Safe and Welcoming ordinance. Many immigrant residents have no ID, and without it, it is difficult to transact the business of daily lives. She encouraged the passage of the ordinance.

District Attorney Mark Dupree also sent in a written statement, according to UG staff. When many people do not feel safe in their interactions with law enforcement, that affects the outcome of criminal cases, he stated. He was in full support of the ordinance, as he believes it will help bring real criminals to justice, and it will assist victims to cooperate with law enforcement.

Kansas City, Kansas, Police Chief Karl Oakman said the proposed ordinance as written does not affect the police department’s operations. He said the Safe and Welcoming Committee and police representatives had a great meeting. Also, he said the ordinance will not affect the police department’s relationships with its federal partners.

Sheriff Dan Soptic said he also met with the Safe and Welcoming Committee. While the ordinance does not specifically apply to the Sheriff’s Department, Soptic expressed a willingness to work with everyone in the community as relates to the Safe and Welcoming ordinance.

UG Commissioner Harold Johnson said he agreed with one of the comments that if Wyandotte County can get this passed, then the program could serve as a model for other communities in the area.

The committee passed the ordinance unanimously, with Commissioner Mike Kane adding that he wanted the full commission to have a chance to have a discussion on it. The ordinance next would go to the full commission for approval.