GOP's new 'campaign of fear' said by experts to 'violate the law'

An increasing number of conservative states are mandating that state and local social service providers verify and report the immigration status of the people they serve — in some cases threatening stiff penalties for public employees who fail to comply.

Under federal law, immigrants who are in the United States illegally are generally barred from receiving public benefits such as nonemergency health care, food aid and housing help, though a handful of left-leaning states use their own money to provide such benefits.

Supporters of the new verification and reporting laws say they will help curb illegal immigration by making it more difficult for people who aren’t eligible for public aid to receive it.

Government-funded health care, housing aid and the right to have a driver’s license are a “pull factor that encourages illegal immigration,” said Cooper Smith, director of homeland security and immigration at the America First Policy Institute, a conservative think tank that has worked on policy development with the current Trump administration.

Government benefits, Smith said, are “an incentive for (immigrants) to come here and cross the border and make this their home, and we don’t want to see that.”

In Tennessee, legislators this week sent a bill to Republican Gov. Bill Lee that would require all state and local agencies to verify the immigration status of people who apply for federal, state or local government benefits, and to report those who are here illegally to the legislature and the state’s new immigration enforcement agency.

The measure, which the governor is expected to sign, authorizes the state attorney general to investigate possible violations, and threatens jail time or a loss of state funding for workers or agencies that fail to comply.

The potential penalties in Tennessee’s law are especially strict, but this year Indiana, Utah, and Wyoming also enacted laws requiring state and local agencies to verify the immigration status of people applying for certain benefits. In Indiana and Wyoming, agencies also must report immigrants who are here illegally to federal authorities. Louisiana enacted a similar verification and reporting law last year.

The Indiana and Wyoming laws go beyond the specific individuals applying for aid.

In considering an application for the Supplemental Nutrition Assistance Program (SNAP), the Indiana law requires agencies to notify federal authorities if they cannot verify the immigration status of any member of an applicant’s household. Similarly, the Wyoming law requires the state health department and the state department of family services to notify federal immigration authorities if they determine that anyone applying for public benefits resides in a household that includes a person who is here illegally.

Critics say the new state laws will dissuade many people who are eligible for benefits — especially those with family members who are here illegally — from getting help they are entitled to, and force state and local officials to perform an immigration enforcement role for which they are ill equipped.

“They have to do this verification process for everybody that walks in the door. This is something that slows down services for every Tennessean in the name of collecting data and trying to make assessments that folks are not trained to make,” Democratic state Sen. Jeff Yarbro said last month during the floor debate on the bill.

“There’s probably no one who understands enough of the rules to make that determination,” he said. “But we are forcing that decision upon every single government office in the state of Tennessee — it’s just a little bit insane.”

Tanya Broder, an attorney at the National Immigration Law Center, which advocates for immigrants, said the new laws represent an escalation of state anti-immigration efforts. She said the measures demonstrate that conservative states are moving in lockstep with the Trump administration.

“There are many, many states that impose restrictions on access to public to state and local public benefits, but some of these reporting requirements that states are proposing now likely do violate the law,” Broder said. “I think they are sowing a campaign of fear and misinformation.”

Broder added that the fear of penalties might prompt agency workers in Tennessee to overreport and potentially engage in racial profiling.

The Tennessee bill is part of a sweeping package of immigration enforcement measures the state legislature approved this year. Tennessee’s broad immigration agenda was crafted in coordination with the White House, specifically with Deputy Chief of Staff Stephen Miller, the architect of the Trump administration’s crackdown on illegal immigration.

Earlier this month, Lee signed a measure that requires state judges to cooperate with federal immigration authorities. And last month, the governor signed a bill that makes it a crime under Tennessee law for an adult to refuse or fail to leave the state within 90 days of a final order of removal. The law also makes it a crime for immigrants to try to enter the state if they have an outstanding deportation order.

Other bills that would require local sheriffs to cooperate with federal immigration agents and make it illegal for people who are living in the U.S. illegally to operate a commercial vehicle or truck in the state are on Lee’s desk awaiting his signature.

Smith, of the America First Policy Institute, said Tennessee is “serving as a model for other states to follow.”

Republicans struggled this year to secure funding for the Department of Homeland Security, Smith noted, “so they know that their ability to get meaningful legal immigration reform, through both houses of Congress and signed by the president, is very, very unlikely,” he said. “So the next step is to do as much as you can at the state level.”

Julia Gelatt, an associate director at the Migration Policy Institute, a Washington-based think tank, agreed with Smith’s assessment of the political situation.

“There are things that the federal government can’t control, or that may be harder to achieve at the federal level, particularly with a Congress that isn’t passing bills,” Gelatt said.

“We know that Stephen Miller advised Tennessee on their immigration bills, and I think that his philosophy is that the federal government and state governments should make life in the United States so hard for people who don’t have legal status that they decide to go home.”