THE GENERAL ASSEMBLY TAKES UP THE SUBJECT OF ILLEGAL IMMIGRATION

Here is something interesting from Delegate Scott Lingamfelter. Check out today’s Lingamfelter Report.

House of Delegates Republican Majority Members Announce Legislative Package on Illegal Immigration  

– Strengthening Law Enforcement, Facilitating Greater Use of E-Verify by Businesses, and Cracking Down on Criminal Gang Activities among Key Provisions –

RICHMOND, VA –Virginia House of Delegates Republican Majority Caucus members today highlighted their philosophy and approach to address illegal immigration in the Commonwealth, the problems posed by criminal gangs and the impact of illegal immigration in Virginia for the 2011 Session of the General Assembly. The package includes at least 16 pieces of legislation, the bulk of which will be debated and voted on in the House Courts of Justice Committee.

Earlier this year, House Speaker William J. Howell (R-Stafford) appointed Delegates L. Scott Lingamfelter (R-Prince William) to chair this Majority Caucus Task Force. The Speaker also tapped for their experiences and expertise on issues surrounding illegal immigration Delegates Dave Albo (R-Fairfax), Richard L. “Rich” Anderson (R-Prince William), Charles W. “Bill” Carrico, Sr. (R-Grayson), C. Todd Gilbert (R-Shenandoah), Jackson H. Miller (R-Manassas) and Ron A. Villanueva (R-Virginia Beach) to examine and assemble the necessary state legislation. Other members of the House Majority Caucus also contributed their ideas for legislation.

“House Republicans believe that playing by the rules and abiding by the law is important,” said Delegate Lingamfelter, a senior member of the House’s Militia, Police and Public Safety Committee. “Countless immigrants to this great nation have come here to embrace the American dream and we very much honor legal immigrants by ensuring that when people enter our country for legal purposes and they observe the rules, we welcome them. It’s that simple.”

“Virginia already is one of the nation’s leaders in efforts by state to curtail illegal immigration,” said House Courts of Justice Chairman Dave Albo. “We were the first state in the US to deny illegal aliens drivers licenses, one of the first to deny adult illegal aliens non-emergency tax payer benefits, and one of the leaders in requiring that all people arrested for a crime be checked for their immigration status. While Virginia has nearly every law that is constitutional, there is more to do. Continuing in our efforts to lead the nation on this issue, we are proposing additional new laws that emphasize the need to strengthen the hand of law enforcement to deal with illegal immigration across Virginia while also bringing greater integrity in vetting the legal presence of would-be employees in Virginia through the use of the Federal e-Verify system.” E-Verify is an Internet-based system that permits businesses to determine the eligibility of their employees to work in the United States. This user-friendly system is available at no charge to any business so they can ensure they have a legal workforce. In addition to facilitating greater use of the E-Verify system by businesses, the illegal immigration legislative package institutes tougher penalties for the manufacture, sale, or transfer of a fictitious birth certificate for the purpose of establishing a false identity. Also, the task force made it a priority to crack down on criminal gang activity. There is a bill that provides for tougher penalties for a person who actively participates in or is a member of a criminal street gang and who knowingly and willfully participates in criminal act, including members of transnational gangs who operate from bases along the U.S. borders. Another bill also seeks to increase coordination and communication with states along U.S. borders where criminal gangs enter the country and bridge into Virginia.

“One of our key goals in introducing this legislative package is doing everything that is constitutionally permissible to stop illegal immigration without affecting legal immigrants and law-abiding citizens,” said Chairman Albo.

Delegate Gilbert, the new House Deputy Majority Leader noted, “As a career prosecutor outside of the legislature, I see the effects of our broken immigration system nearly every day. The federal government has abdicated its responsibility to secure our borders and keep our citizens safe from illegal alien criminals. As a result, many states across the country, including Virginia, are looking at responsible and legal ways to address this issue of concern to so many citizens.”

Task Force Leader Delegate Lingamfelter concluded, “I agree with so many who recognize that the Federal government has failed completely in its fundamental responsibility to secure our borders to address the spillover effects of illegal immigration. This failure to act dishonors those immigrants who have come to America and Virginia legally and played by the rules. That’s the impetus for states like Virginia and others stepping up and appropriately and legally addressing these problems where we can in an effective manner. This legislative package is a good one and hopefully will also spur the Federal government to take action. We simply cannot and will not stand by and watch the situation deteriorate.”

The 16 illegal immigration bills highlighted by members of the House Republican Majority follow:

Law Enforcement:

HB 1420 – Immigration laws; State Police to enter into agreement with U.S. Immigration & Customs Enforcement. Introduced by Delegate Albo

SUMMARY AS INTRODUCED: Provides that the Superintendent of State Police shall seek to enter into a memorandum of agreement with Immigration and Customs Enforcement that would allow the State Police to perform certain federal immigration law-enforcement functions in the Commonwealth. Such an agreement is often referred to as an agreement under the federal 287(g) program.

HB 1421 – Immigration laws, federal; enforcement by State, political subdivisions, or localities. Introduced by Delegate Albo

SUMMARY AS INTRODUCED: Provides that no agency of the Commonwealth, political subdivision of the Commonwealth or locality, or an employee of any of them acting in his official capacity, may limit or restrict the enforcement of federal immigration laws to less than the full extent permitted by federal law. The bill also provides, in a second enactment, that the Governor may withhold the appropriation of state funds under his control to any agency, political subdivision of the Commonwealth, or locality in violation of this act, or to any agency, political subdivision of the Commonwealth, or locality whose employee is in violation of this act, in an amount deemed sufficient to ensure compliance, and shall release the funds to the entity when compliance is achieved.

HB 1430 – Arresting officer to ascertain citizenship of arrestee; supplements existing law. Introduced by Delegate Albo

SUMMARY AS INTRODUCED: Supplements the existing law that requires sheriffs to make a query into legal presence when a person is “taken into custody” at a jail. This bill expands such inquiries by requiring inquiries of everyone arrested, independent of whether they were taken into custody at a jail and requires that an arresting officer inquire of every arrestee whether he (i) was born in a country other than the United States and (ii) is a citizen of a country other than the United States and that, if the person responds he was born in another country and is not a citizen of the United States, the officer shall make an immigration alien query to the Law Enforcement Support Center of the United States Immigration and Customs Enforcement and shall communicate the results of any immigration alien query to the Central Criminal Records Exchange of the Department of State Police in a format approved by the Exchange.

HB 2332 – Arresting officer to ascertain citizenship of arrestee. (Variant of HB 1430 above). Introduced by Delegate Lingamfelter

SUMMARY AS INTRODUCED: Supplements the existing law that requires sheriffs to make a query into legal presence when a person is “taken into custody” at a jail. This bill expands such inquiries by requiring inquiries of everyone arrested, independent of whether they were taken into custody at a jail, and requires that an arresting officer inquire of every arrestee whether he (i) was born in a country other than the United States and (ii) is a citizen of a country other than the United States, and that if the person responds he was born in another country and is not a citizen of the United States, the officer shall make an immigration alien query to the Law Enforcement Support Center of the U.S. Immigration and Customs Enforcement and shall communicate the results of any immigration alien query to the Central Criminal Records Exchange of the Department of State Police in a format approved by the Exchange. The bill further provides that when a warrantless arrest is made and the law-enforcement officer finds probable cause to believe that the person is not legally present in the United States, he shall communicate to the judicial officer the facts and circumstances underlying his belief. If the judicial officer concurs in the determination of the officer and makes the further determination that the person will not appear for trial or hearing, the judicial officer may refuse to admit the person to bail.

HB 1934 – Enforcement of immigration laws; agreement with United States Immigration and Customs Enforcement. Introduced by Delegate Jackson Miller

SUMMARY AS INTRODUCED: Provides that the Superintendent of State Police shall seek to enter into a memorandum of agreement with Immigration and Customs Enforcement that would allow the State Police to perform certain federal immigration law-enforcement functions in the Commonwealth. Such an agreement is often referred to as an agreement under the federal 287(g) program.

Public Assistance:

HB 1468 – Citizenship or legal presence required for public assistance; verification required. Introduced by Delegate Albo

SUMMARY AS INTRODUCED: Provides that local departments of social services shall verify or cause to be verified information regarding the citizenship or legal presence of an applicant for public assistance prior to initiating provision of benefits, and that the Governor may withhold the appropriation of state funds under his control to any agency, political subdivision of the Commonwealth, or locality in violation of this act.

E-Verify:

HB 1727 – Virginia Fair Employment Act; certain public contractors, etc., to enroll in E-Verify Program. Introduced by Delegate Carrico

SUMMARY AS INTRODUCED: Requires public contractors, employers with 15 or more employees within the Commonwealth, and localities to enroll in the E-Verify Program by December 1, 2011, and to use the Program for each newly hired employee who is to perform work within the Commonwealth. Employers and contractors that fail to do so are subject to suspension or revocation of certain licenses and invalidation of public contracts. Licenses will be reinstated when an employer or contractor enrolls in the Program or, if already enrolled but not using the Program, prepares and implements a compliance plan.

HB 1914 – Virginia Employment Commission; E-Verify program. Introduced by Delegate Jackson Miller

SUMMARY AS INTRODUCED: Requires the Virginia Employment Commission to use the E-Verify program for each individual the Virginia Employment Commission refers to an employer to perform work within the Commonwealth. The bill also defines the E-Verify program.

HB 1859 – Public Procurement Act; state agencies to include in contract that contractor use E-Verify Program. Introduced by Delegate Anderson

SUMMARY AS INTRODUCED: Virginia Public Procurement Act; preference for business using the E-Verify program. Requires state agencies to include in every contract over $50,000 a provision requiring the contractor to use the E-Verify program for employees who will be performing work under the contract within the Commonwealth.

HB 2333 – Virginia Public Procurement Act; preference for Virginia firms using E-Verify program. Introduced by Delegate Lingamfelter

SUMMARY AS INTRODUCED: Provides that in the case of a tie bid, preference shall be given to goods or services or construction provided by persons, firms or corporations using the E-Verify program for employees who perform work within the Commonwealth. Under the bill, in the case of a tie bid where none of the bidders use the E-verify program, preference shall be given to goods produced in Virginia or goods or services or construction provided by Virginia persons, firms or corporations.

Criminal Gangs:

HB 1781 – Street gang; punishment for predicate act. Introduced by Delegate Gilbert

SUMMARY AS INTRODUCED: Provides that any person who actively participates in or is a member of a criminal street gang and who knowingly and willfully participates in any predicate criminal act is guilty of a Class 5 felony (or a Class 4 felony if the perpetrator is an adult and the gang has a juvenile member). Current law requires that, for punishment of the crime of committing a predicate act, the act be committed for the benefit of, at the direction of, or in association with any criminal street gang.

HB 2330 – Secretary of Public Safety; information exchange program. Introduced by Delegate Lingamfelter

SUMMARY AS INTRODUCED: Requires the Secretary of Public Safety to establish an information exchange program with states that share a border with Mexico and Canada. The purpose of the exchange is to aid in the sharing of intelligence relating to international gangs, terrorist organizations, and other illegal activities in the Commonwealth. The Secretary is required to present a plan for establishing the exchange to the House Committee on Militia, Police and Public Safety and the Senate Committee for Courts of Justice no later than October 1, 2011.

Other Requirements:

HB 1775 – Immigration status; parent enrolling student in public school must indicate citizenship. Introduced by Delegate Gilbert

SUMMARY AS INTRODUCED: Requires that the person enrolling a pupil in a public school must indicate the citizenship or immigration status of such pupil’s parents. The bill provides that the child of a parent lacking citizenship or lawful immigration status documentation must still be admitted into the public school, but the immigration status information must be reported to the Secretary of Education annually. Additionally, the Secretary of Education must submit an annual report to the Governor and the General Assembly on the number of children whose parents lack lawful status documentation attending public school in the Commonwealth and the cost of such students’ education, aggregated by school division

HB 1777 – Fake birth certificate; penalty. Introduced by Delegate Gilbert

SUMMARY AS INTRODUCED: Provides that any person who manufactures, sells, or transfers a fictitious birth certificate for the purpose of establishing a false identity for himself or for another person is guilty of a Class 6 felony.

HB 1465 — Higher educational institutions; admission of illegal aliens. Introduced by Delegate Peace

SUMMARY: States that an alien who is unlawfully present in the United States shall not be eligible for admission to any public institution of higher education in Virginia. This legislation codifies current practice in the Commonwealth of Virginia.

HB 1651 – Driver’s licenses, permits, and special identification cards; issuance only to U.S. citizens. Introduced by Delegate Cosgrove

SUMMARY AS INTRODUCED: Requires the Department of Motor Vehicles to cancel any license, permit, or special identification card it has issued to an individual if it is notified by a federal government agency that the individual is neither a citizen of the United States nor legally in the United States.

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L. Scott Lingamfelter
Delegate, 31st District
Virginia House of Delegates