LB 48, Nebraska's Immigration Enforcement Act

Due to the controversy surrounding L.B. 48, even Janssen admits that the likelihood of the bill passing through the Judiciary Committee is questionable. However, according to Janssen, the federal government has been unsuccessful in dealing with the estimated 40,000 illegal immigrants in Nebraska. He further points out that it has been 14 years since illegal immigration was last addressed at the federal level. In response to the lack of Congressional effort, Janssen advanced the issue through the introduction of L.B. 48. The bill is co-sponsored by state senators Ken Schilz, Beau McCoy, Russ Karpisek, Thomas Hansen, and Lydia Brasch.

If brought into law, L.B. 48, the Illegal Immigration Enforcement Act, would ban sanctuary cities, require that citizens register with the federal government and carry alien registration cards, prohibit illegal immigrants from working in Nebraska, and outlaw the harboring, transporting, or concealing of an illegal immigrant. Any person or business found guilty of ''recklessly'' enabling an illegal immigrant to reside in Nebraska could receive up to one year in prison and $1,000 in fines. The bill also allows officers to check an individual's immigration status after they have been stopped or detained. While L.B. 48 states that an officer cannot look into an individual's immigration status without ''reasonable suspicion,'' many argue that the bill would encourage racial profiling. Even with a provision stating that ''reasonable suspicion'' must not be solely based on race, color, religion, sex, or national origin, there is no doubt that the bill would bring forth numerous accusations of false arrest.

The Nebraska Sheriff's Association and the Nebraska Fraternal Order of Police have refused to take a stance on L.B. 48 due to a divide in opinions amongst members of law enforcement. It has been argued by some that the bill is too costly and would only result in the release of the arrested individuals anyways. Defense costs for state and counties would also rise due to the lawsuits that the bill is sure to incur. Others fear that L.B 48 would serve to draw police time and attention away from crime fighting efforts as they exist currently. But Janssen disagrees, stating that lawmakers are obligated to consider taxpayers and the rise in healthcare and education costs that accompany the rise in illegal immigration.