Kansas Legislature passes human smuggling law, overriding veto from Gov. Laura Kelly
.jpg "This photo released by U.S. Immigration and Customs Enforcement shows foreign nationals being arrested. The Kansas Legislature has passed a bill that would create the state crime of human smuggling.")
Kansas’ Republican-controlled Legislature overrode a veto by Democratic Gov. Laura Kelly on Thursday to create the crime of human smuggling, dismissing concerns about a rushed process.
Kelly had vetoed the measure to create the crime over worries that it could have unintended consequences. She warned about the possibility the new crime, which is intended to target those who smuggle undocumented immigrants, could be used against residents who give people rides or paramedics who transport individuals to the emergency room.
The Senate voted 30-9 to override the veto Thursday after the House voted to override 85-39 the day before.
“The bottom line is that if anyone, no matter who you are, knowingly transports, receives something in return for transporting, or knows the person they transport will be exploited, the smuggler deserves to be held accountable,” House Republican leadership said in a statement.
Defense attorneys voiced concerns the bill could trample due process rights for individuals who have been allegedly smuggled. In order to prosecute smugglers, Kansas courts will have to find that those who have been smuggled are in the country illegally – a decision typically made by federal immigration courts.
The bill doesn’t define what it means to be in the country illegally. It includes no instructions on how to determine whether someone is present illegally, such as consulting federal immigration court decisions or U.S. Immigrations and Customs Enforcement.
This story was originally published April 27, 2023 at 12:32 PM.
