By Morgan Chilson and Tim Carpenter, Kansas Reflector
TOPEKA — Republican legislators abruptly cut off debate on a bill that stops people living unlawfully in the country from getting public benefits, passing it out of the House with an amendment the Senate already defeated.
Rep. Adam Turk, R-Shawnee, used parliamentary procedure to end debate on the bill and immediately put Senate Bill 254 to a vote, which passed 86-36.
In a statement, House Minority Leader Brandon Woodard, D-Lenexa, criticized Turk and the process used to pass the bill, accusing the Republican party of a “culture war.”
“By invoking rules typically reserved for emergency situations, Republicans deliberately shut Kansans out of the legislative process to advance a deeply controversial bill,” he said. “This is yet another example of Republicans wasting taxpayer dollars to push their partisan culture war agenda.”
Turk’s move came after the two parties reached rare agreement on an amendment offered by Rep. Bob Lewis, R-Garden City, to allow “Dreamers,” or people who were brought to the country as children, to receive in-state tuition at colleges and universities.
The amendment means Kansas law would stay the same. Currently, young people who attended at least three years of Kansas high schools and certify they are seeking to become lawful U.S. residents can receive in-state tuition.
When the same amendment was offered in the Senate, President Ty Masterson said the situation for young people tugged at the “heartstrings” but added that “it does completely defeat the purpose of the bill.”
Masterson said the state would be sued if it continued to allow in-state tuition for students who weren’t in the country legally. The Senate defeated the amendment.
House Republicans and Democrats disagreed with Masterson.
“All I want to say is that what we did here today is we are protecting those students who are actively seeking to continue their education, young people who are here of no fault of their own based on decisions that other people have made for them,” said Rep. Rebecca Schmoe, R-Ottawa.
In speaking in support of the amendment, several legislators referred to their and their parents’ status as immigrants and to the importance of education.
“We’re talking about undocumented children getting access to in-state tuition,” said Rep. Rui Xu, a Westwood Democrat. “These are children who, just like me, came over at a young age, unaware of things like immigration status or borders. Children who grew up here, learned our history, pledge allegiance to our flag, whose homes and hearts are here in Kansas. Denying these students in-state tuition doesn’t fix our immigration system.”
Rep. John Alcala, D-Topeka, said he’d never heard of immigrants being involved in mass school or concert shootings.
“What are you afraid of?” he said. “My people marrying into your families or having Indigenous grandchildren? My father was the first drafted Mexican-American with lottery number 25 in World War Two. Maybe supporters of this bill should find their own land and not steal it.”
The Kansas Catholic Conference asked legislators in a statement to support the amendment, saying, “Denying this provision to (young people) would be a practical and symbolic step backwards in the contentious immigration debate.
After the amendment passed, Turk made the motion to stop debate when Rep. John Carmichael, D-Wichita, offered a second amendment regarding part of the legislation that changed the way the jail bond process would work for everyone, not just people who are alleged to be in the country illegally.
Carmichael expressed the need for clarity on how bill provisions might have “untoward effects.” He detailed how bail bonds are typically handled and how the bill would change the rules regarding bonds done on “your own recognizance.” Such bonds allow people accused of certain lesser crimes to be released to go home based on their likelihood to show up for court.
The amendment was rejected.
Numerous Democrats rose to share their disgust with Turk’s motion that took away their opportunity to talk about the bill.
“I vote no today because the minority party only has their voice. But today in the state of Kansas, we don’t even have that,” said Rep. Melissa Oropeza, D-Kansas City.
Rep. Nikki McDonald, D-Olathe, accused the majority party of stifling fair debate and “efforts to silence voices of representatives from the minority party, which in turn silences the voices of our constituents.”
“We were sent here to participate fully as advocates for those we represent,” she said. “It is insulting and disrespectful. Do better.”
Because an amendment was added, the Senate could either vote to approve the bill as amended or they could send it to a conference committee.
The House took up the bill after declaring an emergency, which allowed it to bypass a hearing in a House committee. The bill received a contentious hearing in the Senate last year, where Attorney General Kris Kobach spoke in favor of the bill and opponents were denied an opportunity to speak.
