The Kansas City, Kansas Community Identification Act adopted by the Unified Government does not facially violate K.S.A. 21-5432(a)(1). Because the person providing a Community ID card would not necessarily know an applicant’s immigration status, the person would likely lack the mens rea required under K.S.A. 21-5432(a)(1)(A). Additionally, it would be difficult for anyone to violate K.S.A. 21-5432(a)(1)(C) because it is unlikely the person providing the Community ID card as provided in the ordinance would ever know an applicant was being exploited for the financial gain of another. However, it is possible, in particular instances where this information is known, issuance of the card could violate the law. A similar reasoning applies to a person possessing the Community ID card. Because a Community ID card does not purport to establish a person’s legal presence in the United States, and because a Community ID card applicant must give identifying and residence information to a government entity, mere possession of a Community ID card cannot amount to the bearer harboring or concealing oneself. However, the Community ID card program does implicate 8 U.S.C. § 1324(a)(1)(A)(iv), which makes it a crime to “encourage[ ] or induce[ ] an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law.” The Unified Government clearly intended to facilitate the continued unlawful presence of illegal aliens when it acted to create the Community ID card program. The program therefore stands as an obstacle to accomplishment of Congress’s objectives and is likely preempted. The ordinance is also subject to the provisions of K.S.A. 77-207 as the ordinance requires the collection of “vital statistics.” Cited herein: K.S.A. 12-16,139; K.S.A. 12-16,140; K.S.A. 12-16,142; K.S.A. 21-5108; K.S.A. 21-5202; K.S.A. 21-5432; K.S.A. 77-207; 8 U.S.C. § 1324.
Source: Kansas Attorney General Opinions
