Nebraska lawmakers are deliberating Legislative Bill 299 (LB 299), a bipartisan proposal aimed at granting unemployment insurance benefits to immigrants authorized to work in the U.S., including Deferred Action for Childhood Arrivals (DACA) recipients, commonly known as “Dreamers.”
This initiative seeks to align Nebraska with other states that provide such benefits to work-authorized immigrants.
Current Exclusion of Work-Authorized Immigrants
Presently, Nebraska prohibits certain authorized immigrant workers from accessing unemployment benefits, despite their employers contributing to the state’s unemployment insurance system on their behalf.
This exclusion primarily affects DACA recipients—individuals brought to the U.S. illegally as minors who have been granted temporary protection and work authorization under the DACA program.
Personal Testimonies Highlighting the Impact
During a recent public hearing before the Legislature’s Business and Labor Committee, several individuals shared their experiences:
- Zayra Navarrete, a DACA recipient and financial advisor from Hastings, emphasized her contributions to various benefit programs, including unemployment insurance. She expressed concern over the lack of a safety net in case of job loss, stating, “I am constantly preparing alternatives for an emergency crisis.”
Bipartisan Support for LB 299
Introduced by State Senators Teresa Ibach (Republican) and Margo Juarez (Democrat), LB 299 has garnered bipartisan backing.
Senator Ibach highlighted the importance of the bill in addressing Nebraska’s workforce shortage, noting that work-authorized immigrants have been essential in filling labor gaps and complying with federal laws.
Concerns Over Federal Compliance
Interim Labor Commissioner Katie Thurber raised concerns regarding the bill’s alignment with federal requirements.
She cautioned that LB 299 might create conformity issues with the U.S. Department of Labor, potentially jeopardizing over $400 million in federal tax credits for Nebraska employers.
Thurber emphasized the need to ensure that the bill does not extend benefits to individuals who may lose legal work authorization in the future.
Nebraska’s Unique Position
State Senator Jane Raybould pointed out that Nebraska is currently the only state that denies unemployment benefits to DACA recipients and certain other authorized immigrant workers.
She urged the committee to rectify this disparity, stating, “We were the very last state in the entire United States to allow our DACA qualified people to have a driver’s license… What are we doing wrong?”
Support from Business and Community Groups
LB 299 has received endorsements from various organizations, including the Nebraska Chamber of Commerce and Industry, as well as the Omaha and Lincoln Chambers of Commerce.
These groups recognize the vital role that work-authorized immigrants play in addressing the state’s labor shortages and contributing to the economy.
Key Provisions of LB 299
The proposed legislation aims to:
- Define “Eligible Alien”: Establish a state-specific definition to include individuals authorized to work in the U.S., such as DACA recipients, asylum seekers with work authorization, and those with Temporary Protected Status.
- Extend Unemployment Benefits: Allow these eligible individuals to access unemployment insurance benefits, provided they meet other standard eligibility criteria.
Potential Challenges and Considerations
While LB 299 seeks to provide equitable support to work-authorized immigrants, it must address potential challenges:
- Federal Compliance: Ensure alignment with federal unemployment insurance regulations to maintain funding and tax credits.
- Future of DACA: Consider the implications of ongoing legal battles surrounding the DACA program and the potential impact on beneficiaries’ work authorization status.
As Nebraska grapples with workforce shortages, LB 299 represents a significant step toward inclusivity and support for all work-authorized residents.
By extending unemployment insurance benefits to “Dreamers” and other eligible immigrants, the state acknowledges their contributions and provides a crucial safety net, fostering a more equitable and robust economy.