Wednesday, April 08, 2009

Alaska HB3 Intended To Combat Illegal Immigration By Requiring Proof Of Legal Residency To Get Official State ID; Now Stuck In Rules Committee


Now that the Anchorage municipal election is over (except for the runoff), I can turn my attention to other issues. And former Anchorage Assemblyman Paul Bauer has brought one of those issues to my attention via e-mail. Despite not being in elective office any longer, he still is concerned about America's sovereignty - and, in particular, illegal immigration. Mr. Bauer's efforts at passing an immigration control ordinance here in Anchorage during his Assembly tenure were driven by the fact that Anchorage was and still is listed by OJJPAC as a sanctuary city for illegals (although a "passive" rather active sanctuary city) and are previously documented in this series of posts.

A legislative solution to illegal immigration awaits action down in Juneau. HB3, sponsored by Rep. Bob Lynn (R-Anchorage Hillside) and co-sponsored by Reps. Mike Hawker, Bill Stolze, Jay Ramras, Craig Johnson, and Mike Chenault, has just been passed out of the Finance Committee and into the hands of the Rules Committee on April 3rd, 2009. The accompanying fiscal note projects a one-time expense of $15,000 for the DMV to upgrade their computer database to accept the mandated new information. With the end of the current legislative session at hand, and a special session unlikely between now and January 2010, there is a chance that HB3 could get stranded in the Rules Committee until next year. The fact that a Mexican Consulate has just opened up in Anchorage adds even more urgency to the situation.

HB3 tunes up AS 28.15.031 by making it far more difficult for an illegal immigrant to get an Alaska driver's license or any other official state ID by inserting the following paragraphs:

(8) who has not presented to the department:

(A) valid documentary evidence that the person is a citizen of the United States, a national of the United States, a legal citizen of the United States, a national of the United States, a legal permanent resident of the United States, or a conditional resident alien of the United States; a person who is seeking a renewal of, duplicate of, or change of legal name on a license is presumed to meet the requirements of this subparagraph if the license has not been expired for more than 90 days or been cancelled, suspended, or revoked and the person has not been disqualified from obtaining a license; if the department has been notified by a local, state, or federal government agency that the person seeking a renewal of, duplicate of, or change of legal name on a license is not a citizen of the United States or is not legally in the United States, then the presumption available in this subparagraph does not apply; the department may by regulation specify what is valid documentary evidence under this subparagraph except that the department may not specify that a matricula consular card is valid documentary evidence; or

(B) in person, valid documentary evidence of (i) a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into the United States, (ii) a pending or approved application for asylum in the United States, (iii) entry into the United States in refugee status, (iv) a pending or approved application for temporary protected status in the United States, (v) approved deferred action status, or (vi) a pending application for adjustment of status to legal permanent residence status or conditional resident status; a license issued under this subparagraph may be renewed only on presentation of valid documentary evidence that the status by which the person qualified for the license has been extended by the proper United States government authority; a change of name for a license issued under this subparagraph may be made only on presentation of valid documentary evidence that the person's name has been changed with regard to the status by which the person qualified for the license; a duplicate license for a license issued under this subparagraph may be issued only on presentation of valid documentary evidence that the person's status by which the person qualified for the license remains valid and in effect; the department may by regulation specify what is valid documentary evidence under this subsection, except that the department may not specify that a matricula consular card is valid documentary evidence.


Note that the author of the bill, Rep. Bob Lynn, is sharp enough to have specifically excluded the infamous "marticula consular" as an authorized form of I.D. Mexican consulates nationwide routinely give the matricula consular to Mexican expatriates without verifying their legal residency within the United States. Rep. Lynn cuts off that option.

Paul Bauer also informed me in his e-mail that the Department of Justice’s National Drug Intelligence Center has just released their 2009 assessment. They have found that Mexican drug cartels have established DTOs (drug trafficking organizations) in 230 cities across the country, inclduing Anchorage. Sources report that the cartels use local domestic gangs to carry out intimidation, abuse of illegal’s traveling into the States with torture rape and extortion. Mr. Bauer believes HB3 will help eliminate the DTOs source of using illegals in this State, assisting in curtailing illegal drug distribution.

The members of the House Rules Committee are Rep. John Coghill (Chair), and Reps. Herron, Millett, Neumann, Olson, Gardner, and Kerttula. Click HERE for contact information if you want to persuade them to put HB3 on the calendar early.

And finally, Mr. Bauer added some personal observations from his Assembly tenure. He states that, in his opinion, two Assembly members who were recent mayoral candidates (Matt Claman and Sheila Selkregg), along with the Municipal Attorney Jim Reeves and Assistant prosecutor McConnaughy, were directly responsible for creating obstructions preventing information to the public during the 2007 Anchorage Assembly Public Safety Committee hearings on the presence of illegal aliens and associated crime in Anchorage and Alaska. In his opinion, two other Anchorage mayoral candidates (Walt Monegan and Paul Honeman), as active law enforcement officials, may have been indirectly responsible for ignoring facts on this issue while serving. I do recall that Sheila Selkregg was quite shrill in her opposition to Mr. Bauer's proposed immigration ordinance, yowling repeatedly about "racial profiling".

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