Tactics will change, but goals of immigration reform advocates remain the same

Rep. Lance Kinzer, the Olathe Republican who sponsored a comprehensive immigration reform bill that failed to make it through the 2008 Legislature, said lessons learned during that campaign will guide his latest effort to crack down on illegal immigration.

Kinzer, the newly appointed chair of the House Judiciary Committee, told Kansas Liberty Monday that he may have over-reached in attempting to pass the comprehensive reform package and that he would attempt an incremental approach after the Legislature convenes in January.

He said a more limited bill might have a higher likelihood of success, thus building momentum that could be a springboard for other legislative initiatives in the coming session and beyond.

“Getting something is better than nothing, and I didn’t think, tactically speaking, that fighting last year’s battle all over again was the way to go,” Kinzer said.

In discussing specifics, Kinzer said his bill would include components to eliminate a Kansas law that allows illegal aliens to pay in-state tuition to attend state universities. In addition, the bill would create a presumption that illegal aliens who are arrested pose a flight risk, meaning they would generally not have an opportunity to post bond and be freed before standing trial. Finally, the bill would compel law enforcement agencies to verify the citizenship of arrested parties.

He pointed out that a California bill that would have ended in-state tuition for illegal immigrants passed constitutional muster before a state appeals court earlier this year. Outgoing Kansas GOP Chair Kris Kobach was among lawyers who argued in favor of the bill’s constitutionality. Kobach is assisting in crafting the bill Kinzer plans to introduce.

Given the state’s dire budget situation, Kinzer said he was purposely attempting to draft a bill that would have little impact on the state’s bottom line.

“I’m trying to limit the fiscal note as much as possible, and this would not have much of a price tag,” he said.

The bill will be partly defined by what it does not include. Last year’s bill, for example, included a provision that would have compelled small businesses to verify a prospective employee’s citizenship. The bill also included penalties for businesses that hired illegal immigrants. Both provisions were generally opposed by business advocates.

Kinzer said he continued to believe those provisions were needed but that he didn’t want to see a new bill bogged down over the same conflict.

“It’s not fun to back off, but I believe it’s crucial to create momentum that we can build on,” he said.

Kinzer said he was unsure at this point whether he would seek House co-sponsors and introduce a bill personally, or whether he would seek to have the bill initiated by the House Judiciary Committee.

“I haven’t made a final determination on how to proceed,” Kinzer said.

He said he would circulate a draft of the bill to House and Senate colleagues before introducing it.