News Release from Speaker William J. Howell
General Assembly Republicans Unveil Proposals
to Address Illegal Immigration
– House & Senate Leaders Advance Measures to Increase Cooperation with Federal Law Enforcement –
– GOP Legislators Unite Behind Proposals to Preserve State Benefits for Legal Residents –
RICHMOND, VA – At a news briefing today, Virginia House of Delegates Speaker William J. Howell (R-Stafford) and Senate Majority Leader Walter A. Stosch (R-Henrico), joined by Senator Jay O’Brien (R-Fairfax) and Delegate David B. Albo (R-Fairfax), unveiled a package of legislative measures to address the Commonwealth’s growing influx of illegal aliens and the challenges of providing costly government services and other benefits to them.
The package of legislation includes both proposals that would allow state and local authorities to cooperate with federal immigration officials, as well as strengthen Virginia’s enforcement capabilities in dealing with illegal immigrants who have committed additional crimes. In addition, the proposals would preserve the benefits of state-supported higher education, including lower tuition rates, to legal residents and those with valid student visas.
“Honest, law-abiding Virginia taxpayers have had enough,” declared Senator Stosch. “The time has arrived when we can no longer count on the federal government. In Virginia, we will have to step up and take actions that will preserve the integrity of the delivery of state services, ensuring that they go only to legal residents. We will not promise what we can not deliver. We will hone in on effective measures that the state can take to address the legitimate concerns of our citizens.”
The package of legislative proposals outlined by the Republicans included:
- Mandating that all local Sheriffs, upon a lawful arrest for a crime, confirm that person’s legal presence in the United States using the nationwide databases of U.S. Immigration and Customs Enforcement (ICE). This change will streamline and strengthen statewide immigration enforcement.
- Ensuring that at least one person on duty in every jail at all times has been certified under federal 287(g) authority (named for the section of federal law that allows more effective cooperation between federal immigration officials and state and local governments). This change means that, upon a positive identification of an illegal alien, there will be a person with federal authority readily available to detain and begin deportation proceedings, after that individual has served his or her sentence.
- Creating a presumption of no bail for any person who has been charged with an offense punishable by jail or prison time and who has been determined (through ICE databases) to be illegally present in the United States. This change will help stop controversial “catch and release” activities, one of the primary ways illegal aliens currently pass through existing government systems unchecked.
- Making a federal conviction for hiring illegal aliens grounds for suspension of a business license issued by the Commonwealth of Virginia. This change will serve as an effective deterrent to the unlawful hiring of illegal aliens.
- Prohibiting illegal aliens from attending Virginia public institutions of higher education unless they have a valid student visa. Recognizing that college entrance slots are fixed and limited, this change will preserve state benefits for in-state students and their families.
The legislators characterized the Republican proposals as common sense measures to provide more effective enforcement of existing laws and improve coordination between federal, state, and local law enforcement authorities. They also reaffirmed their commitment to restraining the growth in government spending by preserving taxpayer-supported public benefits for those legally residing in the United States. Republican lawmakers indicated that their proposals will continue to be honed between now and January, as they anticipate some legislators will have additional refinements and ideas to be considered during the 2008 General Assembly session which starts January 9. However, they expressed the support of their respective caucuses for the measures detailed at today’s news conference.
“As highlighted by the 400th Anniversary commemoration at Jamestown, America is a nation of immigrants,” said Speaker Howell. “Our nation and this commonwealth have long been and must always remain a bright beacon of hope and opportunity, a shining place where we welcome new members of the American family. As the foundations of society are based on the rule of law, those who come here are expected to abide by those laws, including the rules that allow entrance to our country. Permitting illegal aliens to circumvent the rule of law not only undermines the integrity and well being of our society and stretches thin limited taxpayer resources at all levels of government, but is an injustice to those immigrants who followed the lawful path in coming to Virginia and the United States. Today, we have unveiled a package of common-sense proposals that deal with this challenge in a thoughtful, measured and responsible way.”
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Republican Party of Virginia News Release
IN CASE YOU MISSED IT:
Washington Times: Kaine Opposes ICE Training for State Troopers
Democratic Governor Tim Kaine announced yesterday his opposition to ICE training for state troopers, a cost-saving measure which will allow state law enforcement to apprehend and deport those here in the United States illegally.
Why the Governor would oppose enabling our state troopers to deport illegal immigrants is indeed perplexing, but it is yet again one more sign of how Tim Kaine is out of touch with mainstream Virginians.
THE WASHINGTON TIMES
August 28, 2007
By Natasha Altamirano - Virginia Gov. Timothy M. Kaine does not want to create a statewide partnership with federal immigration officials that would allow state agencies to identify illegal aliens and begin deportation procedures, despite calls from the state’s attorney general and anti-illegal-immigration groups.“The governor does not object to localities choosing to enter into localized agreements with [U.S. Immigration and Customs Enforcement],” said Kevin Hall, Mr. Kaine’s spokesman. “He has concerns, however, about asking state troopers to assume primary enforcement of federal immigration responsibilities.”
The Virginia State Crime Commission’s task force on illegal aliens last month discussed introducing legislation mandating all sheriffs and jail administrators to participate in the 287(g) program as a way to streamline statewide immigration enforcement. The 287(g) program trains local and state law-enforcement officials to identify illegal aliens and begin deportation proceedings.
The task force is scheduled to meet today to hear presentations on the number of illegal aliens in the state’s jails and prisons and the federal government’s handling of incarcerated criminal aliens.
When asked if Mr. Kaine, a Democrat, would oppose mandatory 287(g) training at every state jail, Mr. Hall reiterated the governor’s support for local agreements.
“The governor has no objections to local governments entering into their own agreements with ICE,” Mr. Hall said.
The anti-illegal-alien group Help Save Virginia created an online petition asking Mr. Kaine to order the state police, the state Department of Corrections and the state Department of Motor Vehicles to enter into the 287(g) program.
“By continuing to ignore the effects of illegal immigration on the citizens of the commonwealth of Virginia, we believe the governor is jeopardizing the safety and security of citizens and other legal residents of the commonwealth,” reads the petition, which had garnered about 500 signatures as of yesterday afternoon.
Virginia Attorney General Robert F. McDonnell, a Republican, earlier this year asked Mr. Kaine to reconsider his opposition to statewide 287(g) training — a request that Mr. McDonnell last week said still stands.
Mr. McDonnell said his powers are not as broad as those of New Jersey’s attorney general, who last week ordered state and local police to notify federal immigration officials when an illegal alien is arrested for an indictable offense or drunken driving.
The decision was made in part to create a statewide policy on immigration enforcement after a suspect in the Aug. 4 execution-style killings of three Newark, N.J., college students was found to be an illegal alien who had been granted bail on child rape and aggravated assault charges.
Immigration officials had not been notified of the suspect’s existence.
Mr. Hall said in Virginia, state police, the DMV and state corrections department work closely with ICE.
“We work with all our federal, local and state law-enforcement partners depending on the needs of the incident — whether it’s dealing with an undocumented immigrant or anyone else,” Virginia State Police spokeswoman Corinne Geller said.
State police officials in 2004 considered pursuing 287(g) training for officers who are members of a task force on gangs and terrorism, but determined that it wasn’t necessary and could inhibit illegal aliens from reporting crimes, Miss Geller said.
“By pursuing the program, it could be detrimental to our relationship with our immigrant communities,” she said.
DMV officials notify ICE when a person is found to be an illegal alien after presenting fraudulent documents or through his or her own admission, DMV spokeswoman Melanie Stokes said.
Corrections Department spokesman Larry Traylor said corrections officials notify ICE when any foreign-born person is incarcerated.
“We inform ICE of a foreign-born national,” Mr. Traylor said. “We don’t determine if they’re illegal.”
Earlier this year, the Virginia General Assembly considered about 50 immigration-related bills, nearly all of which failed. Some of the unsuccessful legislation involved mandatory 287(g) training for state agencies.
Since then, a handful of law-enforcement agencies in Virginia have entered into formal agreements with ICE, including Herndon police, the Prince William-Manassas Regional Adult Detention Center, the Loudoun Adult Detention Center and the sheriff’s departments in Shenandoah and Rockingham counties.
A number of localities recently have passed or are considering resolutions tightening immigration enforcement, including Prince William, Loudoun, Culpeper, Spotsylvania, Stafford, Chesterfield, James City and Page counties.