Holcomb backs legislative effort to allow DACA recipients to get professional licenses

Gov. Eric Holcomb is throwing his support behind legislation that would again allow DACA recipients to obtain professional licenses for more than 70 occupations in Indiana.

In his first statement on the issue, the Republican governor said his administration acted appropriately when it began blocking professional licenses in fields ranging from plumbing to dentistry for roughly 9,000 young immigrants brought to the United States illegally as children but granted legal work status.

“Ultimately, Congress needs to clarify federal immigration law regarding DACA," he said. "But, until they act, Indiana state law should allow DACA recipients to skill up and work here in Indiana. While Indiana’s Professional Licensing Agency acted appropriately and in line with what our current laws require, I am encouraged to see there is legislative intent to fix this.”

His statement came hours after a House committee amended Senate Bill 419 in response to a controversy over the Indiana Professional Licensing Agency's new application forms, which allow the state to screen out DACA participants

The agency has defended the move, saying it was necessary to comply with a 2011 Indiana immigration law.

Rep. Ed Clere, the New Albany Republican who introduced the amendment Tuesday, said during a hearing in the House Government and Regulatory Reform Committee that "Indiana has boxed out these young people and this is an opportunity to fix that and make sure they have access to opportunity."

"If this isn’t fixed, DACA participants who currently hold licenses will be denied a renewal license," he said. "This is devastating for individuals and harmful to employers who will lose a cosmetologist, plumber or an engineer or a nurse, to name a few."

New practice in Indiana: No professional licenses for DACA recipients

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The proposal garnered support from several religious groups, the Indiana Institute for Working Families, and both the Indiana and Indianapolis chambers of commerce. No one testified against it.

It now moves to the full House.

Controversy over the issue flared up after the Indiana Professional Licensing Agency added new questions about citizenship status to all of its license applications, allowing it to screen out participants in the Deferred Action for Childhood Arrivals program established by President Barack Obama in 2012.

Under that federal program, immigrants brought to the United States illegally as children are protected from deportation and receive legal work status. They can obtain Indiana driver's licenses and social security numbers, but can't qualify for many public benefits, including Indiana in-state college tuition rates and food stamps.

Licensing agency officials said DACA participants are not qualified to hold professional licenses under a 2011 Indiana immigration law enacted before creation of the DACA program.

The 2011 law requires state agencies to verify that a person is a U.S. citizen or a qualified alien to receive state benefits, including professional licenses. DACA recipients are not qualified aliens under federal law, according to the agency.

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Until last year, the licensing agency relied on social security numbers to determine whether there might be a question about a person's immigration status, Meredith Lizza, legislative affairs director for the agency, said. But because DACA recipients can legally obtain social security numbers, the agency had no way to identify them, she said.

That prompted the agency to introduce a new section to its license application forms asking applicants to swear under the penalty of perjury that they are either a U.S. citizen or a qualified alien. The agency updated most forms between August and November.

The move upset DACA advocates, who say the state shouldn't stand in the way of Dreamers who want to become productive members of society, especially given that some industries are facing a shortage of qualified workers.

"DACA participants can work legally," Clere said. "Current Indiana law doesn’t keep them from working, rather it keeps them from working in a position that requires a professional license, relegating them in many cases to low-wage jobs."

The House committee's last-minute decision to amend the bill was unexpected, said the bill's original author, Sen. Blake Doriot, R-Syracuse. His original bill would have prevented local governments from licensing occupations if they are already licensed under state law.

"It was kind of a surprise," he said noting that the House committee's chairman, Rep. Kevin Mahan, told him about the proposed change during a dinner Monday night.

Doriot said he would probably concur with the new addition to the bill, but needed more time to review it. He couldn't say how his colleagues in the Republican-controlled Senate would react to the bill.

"We have to have a clear path for the Dreamers to citizenship," he said, "and this might be a step."

Clere, however, emphasized that the measure addresses only a narrow Indiana-related issue. Ultimately, he said, Congress needs to enact broad immigration reform.

Call IndyStar reporter Tony Cook at (317) 444-6081. Follow him on Twitter and Facebook.