2008 -- H 7660

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LC01581

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2008

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A N A C T

RELATING TO IMMIGRANT STATUS

     Introduced By: Representatives Segal, Diaz, Almeida, Slater, and Dennigan

     Date Introduced: February 26, 2008

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 28 of the General Laws entitled "LABOR AND LABOR

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RELATIONS" is hereby amended by adding thereto the following chapter:

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     CHAPTER 54

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STATE RIGHTS OF IMMIGRANTS

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     28-54-1. State rights, protections and remedies available despite immigration status.

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-- All protections, rights and remedies available under this title, except any reinstatement remedy

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prohibited by federal law, are available to all individuals regardless of immigration status who

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have applied for employment, or who are or who have been employed, in this state.

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     28-54-2. Immigration status irrelevant. -- For purposes of enforcing any law under this

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title, a person's immigration status is irrelevant to the issue of liability, and in proceedings or

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discovery undertaken to enforce those state laws no inquiry shall be permitted into a person's

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immigration status except where the inquiry is necessary in order to comply with federal

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immigration law.

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     28-54-3. Severability. -- If any provision of this chapter or of any rule or regulation

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made under this chapter, or the application of this chapter to any person or circumstance, is held

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invalid by a court of competent jurisdiction, the remainder of the chapter, rule, or regulation and

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the application of that provision to other persons or circumstances shall not be affected. The

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invalidity of any section or sections or parts of any section or sections of this chapter shall not

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affect the validity of the remainder of the chapter.

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     SECTION 2. Title 42 of the General Laws entitled "State Affairs and Government" is

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hereby amended by adding thereto the following chapter:

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     CHAPTER 150

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PROTECTION UNDER STATE LAW

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     42-150-1. State rights, protections and remedies available despite immigration

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status. -- For purposes of enforcing state labor, employment, civil rights, and employee housing

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laws, all protections, rights and remedies available under state law, except any remedy prohibited

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by federal law, are available to all individuals regardless of immigration status.

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     SECTION 3. This act shall take effect upon passage.

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LC01581

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO IMMIGRANT STATUS

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     This act would restrict inquiries into individual immigration status.

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     This act would take effect upon passage.

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LC01581

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