Finally, the story can be told!! Sometimes, when trying to accomplish something very important, strategy is all important. Please take a couple of minutes to read the 'story' below. With all the interest in, and concern about, illegal immigration, this will help you understand how complicated the issue is and how vital it is that the correct terms are used.
Tennessee Eagle Forum is SO GRATEFUL to Sen. Kerry Roberts for his dedication to doing this RIGHT and doing it WELL. We were so pleased to present him with the Tennessee Eagle Forum Award for 2024. Pictures below.
The story behind SB2850-HB2900
This session the Tennessee General Assembly effectively repealed Pub.Ch.911, the 2022 law which permitted individuals with federal work authorization, regardless of not having a lawful immigration status, to obtain state-issued commercial and professional licenses. An amendment to SB2850-HB2900 restored the language that was in place prior to the passage of Pub.Ch.911.Two key reasons drove the repeal of Pub.Ch.911 which removed these licenses as a public benefit.
An analysis of the 2022 law revealed that is was preempted by the controlling federal law, 8 U.S.C. §1621(c) which defines “state or local public benefit” as specifically including commercial and professional licenses. The federal law leaves no authority for a state to redefine what is or is not a state or local public benefit. Additionally, Tennessee’s public benefits law, the Eligibility Verification for Entitlements Act (EVEA), requires interpreting Tennessee’s law “consistently with all federal laws” and incorporates, without exception, the federal definition of state or local public benefit.
Secondly, it was determined that Pub.Ch.911 in advisedly served to endorse actions taken by the Obama and Biden administrations in violation of immigration law.
On April 3, 2024, Tennessee’s Senate Health & Welfare Committee unanimously passed Sen. Kerry Roberts’ bill SB2850, along with his amendment that rewrote Section 1 of the bill. As amended, the bill passed 30-0 on the Senate floor. The House subsequently voted overwhelmingly to concur in the Senate amendment and passed the bill. Democrats in both chambers voted to pass the bill as amended. Governor Lee signed the bill into law on May 3, 2024.
Roberts’ amendment restored the state’s EVEA public benefits law to it’s pre-2022 language with the additional clarifier that “lawfully present” is determined by the Immigration & Nationality Act. The work authorization open door as eligibility to obtain state-issued commercial and professional licenses was removed.
T.C.A. §4-58-103(a) now reads:
(1) Except where prohibited by federal law, every state governmental entity and local health department shall verify, in the manner provided in this chapter, that each applicant who is eighteen (18) years of age or older and applies for a federal, state, or local public benefit from the state governmental entity or local health department, is a United States citizen or lawfully present in the United States pursuant to the federal Immigration and Nationality Act (8 U.S.C. §1101 et seq.).
The restored verification for benefits language must be read as it directs - that is, “in the manner provided in this chapter”, meaning chapter 58. Consistent with the controlling federal law for purposes of state and local public benefits, “lawfully present” recognized in chapter 58includes only U.S. citizens and “qualified aliens” as defined in federal law (8 U.S.C. §1641(b) and as authorized in 8 U.S.C. §1621, to be eligible to receive public benefits.
Moving forward, it will be important for the Tennessee General Assembly to understand that Congress does not recognize work authorization as providing lawful presence for purposes of public benefits nor does work authorization provide anyone with an immigration status, and further, that Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) recipients, among others, are not considered “qualified aliens” for purposes of state or local public benefits.
The Tennessee General Assembly may have adjourned, but Tennessee Eagle Forum is still at work, and we NEED YOUR help to financially underwrite what we do to keep YOU informed and active in both state and national issues. Will you please make a donation TODAY??
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