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D I D Y O U K N O W ? Corporations VOTED to adopt this. Through ALEC, global companies

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“ALEC”
NEWShas long been a
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“conservative” politicians.
Civil Justice
Behind closed doors, they
ghostwrite
“model”
bills to
Commerce,
Insurance,
and Economic
be introduced
in state
Development
capitols
across the country.
This agenda--underwritten
Education
by global corporations-Energy,
includes
majorEnvironment,
tax
and Agriculture
loopholes
for big industries
and the
super rich,
Federal Relations
proposals to offshore U.S.
Health
Human
jobs and
gutand
minimum
wage,Services
and efforts to
weaken public health,
International Relations
safety, and environmental
protections.
Although
Public Safety
andmany
Elections
of these
bills have become
law, until now, their origin
Tax and Fiscal Policy
has been largely unknown.
With ALEC
EXPOSED, the
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forInformation
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hopes more
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bills to understand
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changing the
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and undermining democracy
across the nation.

ALEC’s’Corporate Board
--in recent past or present

• AT&T Services, Inc.
• centerpoint360
• UPS
• Bayer Corporation
• GlaxoSmithKline
• Energy Future Holdings
• Johnson & Johnson
• Coca-Cola Company
• PhRMA
• Kraft Foods, Inc.
• Coca-Cola Co.
• Pfizer Inc.
• Reed Elsevier, Inc.
• DIAGEO
• Peabody Energy
• Intuit, Inc.
• Koch Industries, Inc.
• ExxonMobil
• Verizon
• Reynolds American Inc.
• Wal-Mart Stores, Inc.
• Salt River Project
• Altria Client Services, Inc.
• American Bail Coalition
• State Farm Insurance
For more on these corporations,
search at www.SourceWatch.org.

By the Center for
Media and Democracy
www.prwatch.org

Home

work as “equals” in “unison” with politicians to write laws to govern your life. Big
MODEL LEGISLATION
TASK
ALEC INITIATIVES
PUBLICATIONS
Business
has “a VOICE and
a FORCES
VOTE,” according
to newly exposed
documents. DO YOU?

Model Legislation

Public Safety and Elections

Immigration Law Enforcement Act

Summary

Did you know the
NRA--the National
Rifle Association-was the corporate
co-chair in 2011?

Requires officials, agencies and personnel of counties, cities and towns to fully comply
with and, to the full extent permitted by law, support the enforcement of federal
immigration laws of the United States. Additionally it declares it is unlawful for a person
who is not a United States citizen to trespass onto private or public lands and establishes
provisions related to identity theft.

Model Legislation

{Title, enacting clause, etc.}

Section 1. {Short Title.} This Act may be cited as the Immigration Law Enforcement
Act.

Section 2. {Cooperation and Assistance in Enforcement of Immigration
Laws.}

(A) All officials, agencies and personnel of this state and counties, cities and towns of this
state shall fully comply with and, to the full extent permitted by law, assist in the
enforcement of federal immigration laws of the United States. For every arrest made by
such officials, agencies and personnel, the citizenship of the person shall be determined.
If the person who is arrested is an alien, the person's immigration status shall be verified
with the federal government pursuant to United States Code: Title 8 section 1373(c). If
the person is an alien who is unlawfully present in the United States and this state or a
local governmental entity elects not to prosecute the person for a violation of state or
local law, the person shall be transferred to the custody of the United States immigration
and customs enforcement or United States customs and border protection. If an alien
who is unlawfully present in the United States is acquitted of any violation of state or local
law, is discharged from imprisonment or pays any fine imposed, the alien shall
immediately be transferred to the custody of United States immigration and customs
enforcement. If the unauthorized alien is convicted of a crime, the alien must complete
the full sentence before being released to the custody of the United States immigration
and customs enforcement or United States customs and border protection.

(B) Except as provided in federal law, officials, agencies or personnel of this state and
counties, cities and towns of this state may not be prohibited or in anyway restricted
from sending, receiving or maintaining information relating to the immigration status,
lawful or unlawful, of any individual or exchanging that information with any other
federal, state or local governmental entity for the following official purposes:

(1) Determination of eligibility for any federal, state or local public benefit, service or
license that is restricted in whole or in part on the basis of immigration status.

(2) Verification of any claim of legal domicile if legal domicile is required by law or
contract.

Exposed

By the Center for
Media and Democracy
www.prwatch.org

(3) Confirmation of the identity of any person who is detained.

(C) Any law enforcement agency in this state that adopts or implements any policy
preventing or limiting its officers from inquiring into the immigration status of any person
or reporting to the federal government an alien who is unlawfully present in the united
states shall be ineligible for any state funding. A law enforcement agency is deemed to
be in violation of this subsection if the attorney general or a county attorney determines
that a violation has occurred.

Section 3. {Trespassing By Illegal Aliens; Fingerprinting; Civil Penalty;
Classification.}
(A) In addition to any violation of federal law, it is unlawful for a person who is a citizen of
any country other than the United States to enter into or be on any public or private land
in this state if, at the time of the commission of the offense, the person is in violation of
United States Code: Title 8 section 1325 (C).

(B) A peace officer shall not stop or arrest a person for a violation of this section unless
the peace officer has reasonable belief that the person has committed or is committing a
violation of this section.

(C) The arresting authority shall fingerprint a person who is arrested for a violation of this
section. For a first offense, the arresting authority has discretion to transfer the person to
the federal agency with jurisdiction or refer the person for prosecution.

(D) A violation of this section is a class 1 misdemeanor, except that a second or
subsequent violation is a class 4 felony. The court shall sentence a person who is
convicted of a violation of this section to imprisonment for not less than the presumptive
sentence authorized by law. The person is not eligible for suspension or commutation of
sentence or release on any basis until the sentence imposed is served. The sentence
shall run consecutively to any other sentence imposed on the person and to any
undischarged term of imprisonment of the person.

(E) In addition to any other penalty prescribed by law, the court shall order the person to
pay jail costs and an additional assessment in the following amounts:

(1) At least five hundred dollars for a first violation.

(2) Twice the amount specified in paragraph 1 of this subsection if the person was
previously subject to an assessment pursuant to this subsection.

(F) A court shall collect the assessments prescribed in subsection E of this section and
remit the assessments to the Department of Public Safety, which shall establish a special
sub-account for the monies in the account established for the gang and immigration
intelligence team enforcement mission appropriation. Monies in the special sub-account
are subject to legislative appropriation for distribution to counties for county jail
reimbursement costs relating to illegal immigration.

(G) Notwithstanding subsection D of this section, if the person violates this section while
in possession of any of the following, the violation is a class 2 felony:

(1) A dangerous drug.

(2) Precursor chemicals that are used in the manufacturing of methamphetamine.

(3) A deadly weapon or a dangerous instrument.

(4) Property that is used for the purpose of committing an act of terrorism.

Section 4. {Aggravated taking the identity of another person or entity;

Section 4. {Aggravated taking the identity of another person or entity;
classification.}

Exposed

By the Center for
Media and Democracy
www.prwatch.org

(A) A person commits aggravated taking the identity of another person or entity if the
person knowingly takes, purchases, manufactures, records, possesses or uses any
personal identifying information or entity identifying information of either:

(1) Five or more other persons or entities, including real or fictitious persons or entities,
without the consent of the other persons or entities, with the intent to obtain or use the
other persons' or entities' identities for any unlawful purpose or to cause loss to the
persons or entities whether or not the persons or entities actually suffer any economic
loss.

(2) Another person or entity, including a real or fictitious person or entity, without the
consent of that other person or entity, with the intent to obtain or use the other person's
or entity's identity for any unlawful purpose and causes another person or entity to suffer
an economic loss of three thousand dollars or more.

(3) Another person, including a real or fictitious person, with the intent to obtain
employment.

(B) In an action for aggravated taking the identity of another person or entity under
subsection A, paragraph 1 of this section, proof of possession out of the regular course of
business of the personal identifying information or entity identifying information of five or
more other persons or entities may give rise to an inference that the personal identifying
information or entity identifying information of the five or more other persons or entities
was possessed for an unlawful purpose.

(C) This section does not apply to a violation by a person who is under twenty-one years
of age.

(D) Aggravated taking the identity of another person or entity is a class 3 felony.

Section 5. {Intent.} The requirements and obligations of this measure shall be

implemented in a manner fully consistent with federal law regulating immigration and
protecting the civil rights of citizens and aliens, including compliance with the federal
cases of United States v. Dire, 332 U.S. 581 (1948), United States v. Janik, 723 f.2d 537
(7th cir. 1983) and United States v. Salinas Calderon, 728 f.2d 1298 (10th cir. 1984)
and compliance with United States Code: Title 8 section 1644.

Section 6. {Enactment Clause.}

Adopted by the Criminal Justice & Homeland Security Task Force at the Spring Task Force
Summit, May 17, 2008. Approved by the full ALEC Board of Directors June 2008.

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Center for Media
and Democracy's
quick summary
This is an abbreviated version of the ALEC "No Sanctuary Cities for Illegal Immigrants Act," and included in Arizona's infamous SB1070 anti-immigrant
law. Like the "No Sanctuary Cities" Act, this law requires local governments to enforce federal immigration law and creates a new class of crime for
being present on state soil without proof of federal immigration status. By requiring local governments to enforce immigration law, the bill interferes with
local law enforcement's ability to decide how best to allocate limited law enforcement resources to confront the most pressing public safety threats, and
interferes with the law enforcement-community relationship. This Act also makes it a Class 3 felony to use another's identity in order to obtain
employment.
See also "No Sanctuary Cities for Illegal Immigrants Act"