Public employees throughout Kentucky would be required to use “their best efforts” to support enforcement of federal immigration law, under a bill (SB1) proposed by Sen. Danny Carroll, a Paducah Republican.
The scope of Carroll’s measure, which also includes a ban on “any sanctuary policy” by police or a public agency, has alarmed immigration advocates, with one saying it has the potential to turn thousands of public workers into immigration police.
“I think this whole thing is insane,” said Marilyn Daniel, a retired immigration lawyer in Lexington and a volunteer for the Maxwell Street Legal Clinic. “I don’t think anybody has actually thought about what this would mean for these employees.”
Only public elementary and secondary school employees are exempt, likely because federal law restricts them from sharing information on student immigration status.
Carroll, a former Paducah police detective, did not respond to a request for comment about his proposed bill left with his legislative office.
But at a press conference in July, he said he planned to file a bill that would allow police officers to ask individuals about immigration status and ensure that police are free to cooperate with federal immigration authorities. Carroll said he wanted to block or void any sanctuary policies in Kentucky that restrict police from aiding in enforcement of such laws.
“I don’t think we should allow political agendas in our state to get in the way of this,” said Carroll, who appeared at the press conference with former Gov. Matt Bevin, who opposed sanctuary policies.
However, Carroll’s proposed bill filed Dec. 9 is far broader that just empowering police to work with federal immigration authorities, Daniel said.
By adding virtually all public employees, the bill could lead to a massive, unfunded mandate on workers ranging from agency heads to receptionists, custodians, social workers and others unlikely to be familiar with the complexity of federal immigration law, she said.
“It’s all the officials and employees of every public agency at the state, county, and local level,” Daniel said.
David Horvath, a leader with Louisville’s Interfaith Coalition for Immigrant Justice, called the bill “draconian” and hopes most legislators feel the same way.
“We’re watching it very carefully and think cooler heads will prevail in both the House and the Senate,” he said.
Daniel said she’s concerned the requirement that public workers use “their best efforts” to aid in immigration enforcement is so vague it could be unenforceable.
“What does that mean? she asked. “What does it mean you are supposed to do?”
The bill does not include criminal penalties but allows the governor, attorney general, or any state constitutional officer to file a lawsuit to enforce the law.
A spokeswoman for Gov. Andy Beshear said he is reviewing Carroll’s bill.
“As attorney general, Gov. Beshear assured there were no sanctuary cities in Kentucky, so that the state continued to receive federal dollars,” Crystal Staley said.
Kentucky’s new attorney general, Daniel Cameron, a Republican who was sworn in Monday, told a reporter he had not seen the bill and couldn’t comment on it.
A separate bill proposed in the House would require police to enforce immigration in Kentucky and ban local “sanctuary policies.” It also bans colleges and other post-secondary institutions from “employing or contracting with illegal aliens.”
Carroll’s bill would include employees of state universities and colleges as public employees in the requirement that they use “their best efforts” to support federal immigration law, Daniel said.
Carroll’s measure also appears to apply to groups that get at least 25% of their funds from the government and thereby are considered public, said Kate Miller, advocacy director for the American Civil Liberties Union of Kentucky, which opposes the bill.
That could include employees from a host of entities, such as public libraries, health departments, and domestic violence and sexual assault centers, she said.
And it could lead to people being wrongfully detained and parents separated from children if people not familiar with federal immigration law are pushed to aid enforcement or report individuals they suspect are undocumented, Miller said.
While acknowledging federal immigration law should be reformed, Miller said such proposals at the state level aren’t the solution.
“It’s very dangerous to engage in this type of immigration enforcement when you aren’t trained,” Miller said. “I certainly don’t want to be alarmist. But I want to take this legislation seriously.”
Miller said the ACLU has dubbed Carroll’s measure a “family separation” bill and is concerned it could lead to a surge in children in foster care if more parents are detained at a time when the state already has a record of nearly 10,000 children in foster care.
“It would really interrupt a lot of communities around the state and result in an increased number of folks being taken into detention,” Miller said.
Sherry Currens, who retired in July as the director of the Kentucky Coalition Against Domestic Violence, said it wasn’t clear if the law would apply to the state’s network of domestic violence shelters since they operate as private, nonprofit entities under state contracts.
But she said in an email it could “create havoc” for some abuse victims seeking police protection.
“I think it could result in a significant increase in domestic violence victimization since undocumented victims would be terrified to seek help if this bill passes,” she said.
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Written by Deborah Yetter. Cross-posted from the
Courier-Journal via the Kentucky Press News Service.