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Senator Mike Delph

First, if you live in Indiana this is a must listen to interview now. If you leave elsewhere, listen close as this is most likely happening in your state and you need to write your senators and congress people now! We spoke to Indiana Senator Mike Delph (R) about Senate Bill 213 - about Illegal Immigrants and tougher laws in the State. This is the third try to get this passed in the Senate and it amazes all of us that this is NOT going through the past 2 times. Listen and YOU decide!

Indiana 2010 Immigration Reform Bill Summary, Senate Bill 213


Section 1.  Prohibition of Sanctuary Policies for Illegal Aliens :

·       Prohibits a governmental body in the state from enacting a law or policy that would restrict the governmental body, including law enforcement, from cooperating with federal officials to provide information about the citizenship status of individuals.

·       Allows a person domiciled in Indiana to bring an action to compel the governmental body to comply with the law. 

Section 2.  Increased Penalties for Operating a Vehicle Having Never Received a License:

·       Increases the penalty for repeated convictions of operating a vehicle having never received a license from a Class C misdemeanor to a Class A misdemeanor

·       Increases the penalty to a Class D felony if the operation of a motor vehicle results in bodily injury or serious bodily injury.

·       Increased the penalty to a Class C felony if the operation of the motor vehicle results in death of another person. 

·       Allows a court to prohibit the issuance of a license to the offender for a period of not less than 90 and not more than 2 years. 

Section 3.  Increased Penalties for Counterfeiting or Falsely Reproducing a Driver’s License:

·       Makes counterfeiting or falsely reproducing a driver’s license with the intent to misrepresent citizenship or immigration status a Class C felony. 

Section 4.  Evaluation of Committed Criminal Offenders:

·       Requires the Indiana Department of Correction to check the citizenship or immigration status of a criminal offender committed to a Department of Correction facility with the U.S. Department of Homeland Security.

·       If the citizenship or immigration status of an offender cannot be verified the Department of Corrections shall assist the U.S. Department of Homeland Security with information leading to the deportation of the offender.

Section 5.  Evaluation of Committed Juvenile Offenders:

·       Requires the Indiana Department of Correction to check the citizenship or immigration status of a juvenile offender committed to a Department of Correction facility with the U.S. Department of Homeland Security.

·       If the citizenship or immigration status of an offender cannot be verified the Department of Corrections shall assist the U.S. Department of Homeland Security with information leading to the deportation of the offender.

Sections 6.  Additional Requirements for Verification Status for Unemployment Benefits:

·       Requires the Indiana Department of Labor to use the SAVE program to determine the lawful presence of non-citizens to determine eligibility for unemployment benefits.

Section 7.  Prohibiting the Employment of Unauthorized Aliens in State Agencies and Public Contracts

·       Requires state agencies and political subdivisions (municipal corporations or special taxing districts) to use E-Verify to verify the work eligibility status of all newly hired employees.

·       Prohibits a state agency or political subdivision from entering into or renewing a public contract unless:

o      The contract contains a provision requiring the contractor to certify that the contractor does not employ or contract with an unauthorized alien.

·       Contractors must remedy the violation no later than 30 days after notification of the violation. 

·       If violations are not remedied, provides for the termination of the contract.

·       If a contract is terminated, makes the contractor liable to the state agency for actual damages. 

·       Allows the contractor to file an action in a superior or circuit court to challenge a contract.

·       Creates a rebuttable presumption that a contractor did not violate this provision if they verified the employee’s work eligibility status through E-Verify.

Section 8. Offenses Related to Consular Identifications and Individual Taxpayer Identification Numbers (ITIN)

·       Makes offering a consular identification for a public purpose other than as provided in federal law, a Class C infraction.

o      Makes second and third offenses Class B and A infractions respectively. 

·       Makes it a Class C infraction to knowingly or intentionally offer or accept an ITIN number as a valid form of identification other than as provided in law.

o      Makes second and third offenses Class B and A infractions respectively. 

Section 9. Allowing a Judge to Consider Legal Presence of a Defendant When Setting Bail

Section 10.  Offenses Related to Counterfeiting Identity Documents

·       Makes it a Class C felony to knowingly make or distribute more than one written instrument that purports to have been made by another person, at another time, with different provisions, by authority of one who did not give authority. 

Section 11. Increased Penalties for Distributing Counterfeit Identifications

·       Makes it a Class D Felony to make a document not issued by a government entity that purports to be a government issued identification.

·       Makes the same offense a Class C felony if the document was made with the intent to distribute.  

Section 12.  Increased Penalty for Terrorism Offenses Related to Identity  

·       Makes it a Class B felony to obtain, possess, transfer or use the identifying information of another person, or use false or fictitious identifying information with the intent to commit terrorism or obtain or transport a weapon of mass destruction.  

Section 13.  Creating a New Crime of False Identity Reporting

·       Makes it a Class A misdemeanor to make 2 or more material statements in an official proceeding concerning the person’s identity which are inconsistent to the degree that one is necessarily false.

Section14.  Offenses Related to Harboring and Transporting of Illegal Aliens

·       Makes it a class A misdemeanor to knowingly or intentionally transport or move an alien for the purpose of commercial advantage or private commercial gain, knowing or in reckless disregard of the fact that the alien is in the country illegally.

·       Makes it a class A misdemeanor to knowingly or intentionally conceal, harbor or shield from detection an alien for the purpose of commercial advantage or private commercial gain, knowing or in reckless disregard of the fact that the alien is in the country illegally.

·       Makes it a class D felony for a second unrelated offense or if the offense involved more than 5 aliens. 

·       Makes it a Class C felony for a third unrelated offense. 

·       Makes it a defense to prosecution for a landlord if the landlord was provided with a lawful United States identification. 

Section 15:  

·       Creates a new law that requires a Sherriff to make a reasonabkle effort to verify the citizenship or immigration status of a person charged with:

o   a felony, or operating a vehicle while intoxicated and is confined for any period in a county jail.

UPDATE 2/10:

Senate Bill 213, authored by Sen. Mike Delph (R-Carmel), deals with illegal immigration issues. One aspect of the bill would require the Department of Workforce Development (DWD) to verify the immigration status of all unemployment insurance recipients through the federal Systematic Alien Verification for Entitlements (SAVE) program. The non-partisan Legislative Services Agency noted in its review of this proposed legislation that DWD already uses SAVE as required by federal law, so this legislation would not affect DWD or unemployment insurance applicants. Senate Bill 213 passed the Senate 46 to 4. It now moves to the House of Representatives for consideration.

Click here to visit Senator Delph's website