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State ban on benefits for illegal immigrants needed despite federal laws, supporter says Wednesday, May 28, 2008 By John Lyon Arkansas News Bureau LITTLE ROCK - A proposed ballot initiative to bar illegal immigrants from obtaining state benefits would prevent "so-called 'compassionate' liberals" in Arkansas from passing state laws to grant benefits to undocumented people, a supporter of the measure says. A spokesman for Gov. Mike Beebe disagreed Tuesday, saying that if lawmakers wanted to pass such laws, the proposed ballot initiative would not stop them. In a statement Monday, retired teacher and conservative activist Debbie Pelley of Jonesboro disputed Beebe's recent comments that a ballot initiative proposed by Secure Arkansas is unnecessary because its major provisions are already covered by federal or state laws. The measure, if approved by voters, would require government agencies at the state, county and city levels to verify the lawful presence in the U.S. of any person 14 or older applying for most public benefits. The initiative is needed despite the existence of similar federal laws, Pelley said. "Beebe says he opposes the initiative; saying it would only duplicate state and federal laws; he doesn't tell the people that almost any benefit ... forbidden to aliens by the federal government can be given to them by the state - if the state just passes a law to do so," Pelley said. "And there are many so-called 'compassionate' liberals in Arkansas just waiting to do that." Under Title 8, Section 1621 of the U.S. Code, a state "may provide that an alien who is not lawfully present in the United States is eligible for any state or local public benefit for which such an alien would otherwise be ineligible under ... this section only through the enactment of a state law after Aug. 22, 1996, which affirmatively provides for such eligibility." Legislators have tried and likely will try again to pass state laws giving illegal immigrants benefits in Arkansas, Pelley said. "Beebe's reasons for opposing the initiative are groundless, unreasonable and deceitful," said Pelley, who received national attention in 1998 when she told a U.S. Senate committee she believed violent rap lyrics were a contributing factor in shootings that year at Westside Middle School in Jonesboro that left four students and one teacher dead. Beebe dismissed Pelley's comments about the illegal immigration measure Tuesday, saying, "Debbie Pelley - enough said." Beebe spokesman Matt DeCample said later that if Secure Arkansas' proposed initiated act were to get on the November general election ballot be approved by voters, it would not stand in the way of any future legislation lawmakers chose to pass. The proposed measure is not a constitutional amendment, which would require a vote of the people to amend or repeal. The Legislature can change or repeal an initiated act by a two-thirds vote. Former state Rep. Joyce Elliott of Little Rock said last week she is considering reviving a bill she filed in 2005 to authorize state higher education institutions to offer in-state tuition to children of undocumented immigrants. Elliott defeated incumbent state Sen. Irma Hunter Brown, D-Little Rock, in last week's Democratic primary and has no Republican opponent in the November general election. Pelley cited Elliott's comments as an argument for passing Secure Arkansas' ballot measure. "The ballot initiative that Beebe opposes would settle the matter because it specifically denies these post-secondary benefits to illegal aliens," Pelley said. As state attorney general, Beebe issued an opinion in 2005 that said giving illegal immigrants in-state tuition likely would violate the Equal Protection Clause of the 14th Amendment because it would offer to illegal immigrants a benefit not offered to all U.S. citizens. Beebe said Tuesday he still believes Elliott's proposal would be illegal. "It's a violation of federal law," he said. Last week, Beebe directed state Higher Education Director Jim Purcell to advise state colleges and universities they must verify the legal presence in the U.S. of any student paying in-state tuition. Beebe said he had believed higher education institutions were doing so already, but he recently learned they were not. |
