State & Local Update: July 23, 2013
MichiganOn Thursday, July 18, the University of Michigan Board of Regents voted 6-2 to change its in-state tuition policy. The policy now creates (1) through residency; (2) through military service; and (3) through attending Michigan schools.The new Michigan school attendance policy was expressly created to allow those aliens without lawful presence to receive in-state tuition. To be eligible, a person needs to demonstrate: (1) attended a Michigan high School for at least 3 years; (2) graduated from a Michigan high school or received a Michigan GED; (3) attended a Michigan junior high school at least two years preceding high school; and enrolls in college at least 28 months of graduating or receiving a GED.North CarolinaHouse Bill 786, an omnibus immigration-related bill that guts North Carolina’s E-Verify law and grants driver’s licenses to illegal aliens, was amended and passed third reading in the House (85-28) on July 17. The bill was amended into a study bill on the matters contained therein. The study must be completed by March 1, 2014.One substantive section was preserved that prohibits a county, city, board or governing body of the state, institution of state government, or any political subdivision of the state from entering into a contract with a private entity unless the contractor and the contractor’s subcontractors register and participate in E-Verify to verify the work authorization of new employees.HB 786 also changed the definition of “employee” for E-Verify purposes was amended to exclude employees employed for less than 9 months out of a year when the original bill stated 12 months.See FAIR’s Legislative Update from July 22, 2013 for a further details on the changes in HB 786.TexasHouse Bill 21, which grants a resident Texas driver’s permit to illegal aliens, was read the first time and referred to the House Appropriations Committee on July 10. The driver’s permit is available to any person who cannot demonstrate lawful presence, has resided in Texas for at least one year, and has not been convicted of a Class A or B misdemeanor or any felony. It would not be valid as proof of identity, immigration status, or any federal purpose. The permit is valid for two years. The permit is invalid if upon request by law enforcement the driver cannot produce proof of insurance.LitigationCity of Farmers Branch’s rental ordinance was struck down by the full court in the United States Court of Appeals for the Fifth Circuit.
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