AN ACT TO REQUIRE THAT ALL STATE AGENCIES AND LICENSING BOARDS VERIFY THE IMMIGRATION STATUS OF APPLICANTS FOR PUBLIC BENEFITS AND USE THE SYSTEMATIC ALIEN VERIFICATION FOR ENTITLEMENTS (SAVE) TO OBTAIN THAT VERIFICATION.
Includes whereas clauses.
Enacts new GS Chapter 64A (Verification of Eligibility for Receipt of Public Benefits). Adopts definitions of "alien" and "public benefit" from federal law. Prohibits state agencies and licensing boards from providing a public benefit to any applicant prior to verifying that person's immigration status, or to persons not meeting certain criteria once their status has been verified. Requires state agencies and licensing boards to enter into a memorandum of agreement or computer matching agreement with the Department of Homeland Security to use the Systematic Alien Verification for Entitlements (SAVE) Program to verify applicants' immigration status. Mandates annual reporting, starting December 1, 2019, by each state agency and licensing board to the Joint Legislative Oversight Committee on General Government regarding the implementation of these requirements. Creates a right of private enforcement by any resident of North Carolina who has reason to believe a state agency or licensing board is not in compliance with this Chapter. Provides that private enforcement is to be filed as an action for declaratory and injunctive relief in the superior court. Authorizes a court to award the prevailing party reasonable attorneys' fees and costs, and to impose a civil penalty against any state agency or licensing board not in compliance with any order issued as a result of a private enforcement action up to $10,000 per day for each day not in compliance with the court's order.
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