Bills Pending in the General Assembly

Making undocumented persons & those who help them criminals:

HB 1918, Delegate Cole. Federal illegal alien status unlawful in Virginia ; penalty. Provides that any alien who is present in the United States illegally, as verified by the Bureau of Immigration and Customs Enforcement, is guilty of a Class 1 misdemeanor.

HB 1970 , Delegate Albo. Federal illegal alien status unlawful in Virginia ; penalty. Provides that any alien who is present in the United States illegally, as previously verified by the Bureau of Immigration and Customs Enforcement, is guilty of a Class 1 misdemeanor.

HB2622 , Delegate Reid. Harboring illegal alien; penalty. Provides that any person who harbors, transports, or conceals an alien is guilty of a Class 6 felony if he knew or should have known that the alien was in the United States illegally. If the violation was done for the purpose of commercial or private financial gain, then the violation would be a Class 5 felony. (This is similar to HR4437, which will make service providers, priests, teaches, etc. guilty of felonies; this also makes guilty of felony spouses who are married to undocumented persons or parents who have undocumented children.)

Regarding law enforcement acting as ICE agents:

HB1618 , proposed by: Delegate Frederick. Immigration laws; Governor to enter into agreement with federal Immigration regarding. States that it is the responsibility of the Governor to enter into an agreement with federal Immigration and Customs Enforcement that would allow the Department of State Police to enforce civil immigration laws.

HB2933 , Delegate Miller. Enforcement of federal immigration laws. Requires that the Commonwealth of Virginia enter into an agreement with the United States Department of Homeland Security, Immigration and Customs Enforcement to authorize certain members of the Department of State Police and employees of the Department of Corrections to enforce civil immigration violations in the Commonwealth.

HB2936 . Delegate Miller. Arrest of illegal aliens. Provides that all law-enforcement officers enumerated in § 19.2-81 shall have the authority to enforce immigration laws of the United States, and to arrest an individual without a warrant upon receiving confirmation from the Bureau of Immigration and Customs Enforcement of the United States Department of Homeland Security that the individual is an alien illegally present in the United States. Currently the person arrested would also have to have been previously convicted of a felony in the United States and deported or left the United States after such conviction.

Immigration; powers of law-enforcement officers. Expands the powers of state and local law-enforcement officials to include immigration powers conferred upon the law-enforcement agency by agreement with the U.S. Department of Homeland Security. The bill also allows the Department of Corrections to receive any person into a state or local facility committed under the authority of the United States .

Affecting non-English speakers:

HB1656 , Delegate Lohr. Interpreters for non-English-speaking persons. Requires the interpreter fee for a non-English-speaking defendant to be assessed as costs if the defendant is found guilty.

HB2111 , Delegate Carrico. Interpreters for non-English-speaking persons. Requires that the fees for interpreters for non-English-speaking persons be taxed as costs in the district and circuit courts.

Education:

HB 1961 , Delegate Hargrove. Admission of unlawful aliens to public institutions of higher education. Provides that an alien who is unlawfully present in the United States shall not be eligible for initial enrollment in any public institution of higher education in the Commonwealth.

HB2169 , Delegate Cline. In-state tuition and educational benefits for unlawful aliens. Provides that an alien who is unlawfully present in the United States shall not be eligible on the basis of residency within Virginia for any postsecondary educational benefit including, but not limited to, in-state tuition and state financial aid, unless citizens or nationals of the United States are eligible for such benefits in no less an amount, duration, and scope, without regard to whether such citizens or nationals are Virginia residents.

HB2623 . Delegate Reid. In-state tuition for aliens. Provides that an alien who is unlawfully present in the United States , and therefore ineligible to establish domicile pursuant to § 23-7.4, shall not be eligible on the basis of residency within Virginia for any postsecondary educational benefit, including in-state tuition

HB2932 . Delegate Miller. Public school; proof of immigration status. Adds that the person enrolling a pupil for the first time must present other proof of actual citizenship or immigration status, if there is no certified copy of a birth certificate or affidavit explaining the absence of a certified copy of a birth certificate. If it is determined that the child was born outside of the United States , a parent of the child must present evidence of his own actual citizenship or immigration status. Requires (i) each school to submit an annual report to the Board of Education listing all of the immigration information obtained; and (ii) the Board of Education to submit an annual report to the Secretary of Education regarding the impact of the quality of education provided to children who are lawful residents of Virginia, because of the enrollment of children who are not lawfully present in the United States.

HB2935 . Delegate Miller. In-state tuition and educational benefits for unlawful aliens. Provides that an alien who is unlawfully present in the United States shall not be eligible on the basis of residency within Virginia for any postsecondary educational benefit including, but not limited to, in-state tuition and state financial aid, unless citizens or nationals of the United States are eligible for such benefits in no less an amount, duration, and scope, without regard to whether such citizens or nationals are Virginia residents.

SB1204, Senator Hanger. THIS IS THE SAME AS SB677; SENATOR HANGER REINTRODUCED HIS BILL TO ASSIST CERTAIN UDOCUMENTED PERSONS TO HAVE ACCESS TO IN-STATE TUITION. In-state tuition rates; prohibited for certain individuals. Prohibits the board of visitors or other governing body of a public institution of higher education in the Commonwealth from authorizing in-state tuition rates for individuals who are not citizens or nationals of the United States , are unlawfully present in the United States , or do not possess a valid visa. The bill also provides that, notwithstanding the provisions regarding the governing bodies' mandates, any person shall be eligible for in-state tuition who: (i) has resided in Virginia while attending high school; (ii) has graduated from a public or private high school in Virginia; (iii) has resided in the Commonwealth for at least three years on the date of high school graduation; (iv) has registered in an institution of higher education; (v) has provided an affidavit stating that he has filed an application to become a permanent resident of the United States and is actively pursuing such permanent residency or will do so as soon as he is eligible; and (vi) has submitted evidence that he or, in the case of a dependent student, at least one parent, guardian, or person standing in loco parentis, filed, unless exempted by state law, Virginia income tax returns for at least three years prior to the date of enrollment.

Creates Punishment for crimes committed against undocumented persons.

HB1827 , Delegate Suit. Human Anti-Trafficking Act; penalties. Establishes in Virginia law the "Model State Anti-Trafficking Criminal Statute" drafted by the U.S. Department of Justice. Although Virginia has criminal statutes that address many of the crimes addressed by the Act (kidnapping, prostitution, etc.), the Department of Justice has asked the states to adopt the model act.

HB2264 , Delegate Albo. Extortion of immigrants; penalty. Provides that any person who confiscates, withholds or threatens to withhold any actual or purported passport, immigration document, or other government identification document, and thereby extorts money, property, or pecuniary benefit or any note, bond, or other evidence of debt from him or any other person, is guilty of a Class 5 felony.

HB2551 Delegate Ebbin. Human trafficking; penalties. Establishes the crime of and punishment for human trafficking, a Class 4 felony. Punishes human trafficking, when for the purposes of commercial sex acts or sexually explicit performance, as a Class 2 felony. Provides for civil liability, business entity liability, restitution to victims, forfeiture of trafficker assets, and study by a Governor's task force.

SB 815 , Senator Cuccinelli. Human trafficking; penalties. Establishes the crime of and punishment for human trafficking, a Class 4 felony. Punishes human trafficking, when for the purposes of commercial sex acts or sexually explicit performance, as a Class 2 felony. Provides for civil liability, business entity liability, restitution to victims, and forfeiture of trafficker assets. Adds the crime of human trafficking as a racketeering activity under the Virginia RICO provisions.

SB1027 , Senator O’Brien. Extortion of immigrants; penalty. Provides that any person who confiscates, withholds or threatens to withhold any actual or purported passport, immigration document, or other government identification document, and thereby extorts money, property, or pecuniary benefit or any note, bond, or other evidence of debt from him or any other person, is guilty of a Class 5 felony.

Employment:

HB1918 , Delegate Albo. Unfair employment practices; discharging employees when unauthorized aliens are employed. States that it is an unfair employment practice for an employer to discharge any United States citizen or legally authorized worker if the employer, on the date of the discharge, employed an unauthorized alien within the Commonwealth.

HB2328 , Delegate Girbert. Verification of employment eligibility through Basic Pilot Program; penalty. Makes it unlawful for an employer to fail to confirm, through the Basic Pilot Program of the U.S. Department of Homeland Security, the employment eligibility of a job applicant. A violation is a Class 1 misdemeanor.

HB 2605, Delegate WattsDocument verification for employment of illegal immigrants; penalty. Makes it a Class 1 misdemeanor to falsely represent that an alien worker has documentation indicating that he is legally eligible for employment. Each day of unlawful employment of each alien constitutes a separate civil offense punishable by a $100 civil penalty.

HB2826 , DelegateGilbert. Virginia Security and Immigration Compliance Act. Requires all public bodies and contractors who intend to contract with public bodies to register and participate in a federal work authorization program to verify information on all new employees.

HB2688 , Delegate Reid. Workers' compensation; benefits paid to unauthorized aliens; penalties. Makes an employer, rather than the employer's workers' compensation insurance carrier, liable for payment of workers' compensation benefits payable to an unauthorized alien. In addition, an employer is required to promptly reimburse a third party that has paid benefits to an unauthorized alien for payments it has made to the injured alien. An employer that verified the work authorization status of the injured worker, through use of the Basic Pilot Program operated by the United States Department of Homeland Security, is exempt from these provisions. In addition, if an unauthorized alien who is eligible for disability is inadmissible to the United States under federal immigration law, the payor of the disability benefits shall require the unauthorized alien to present himself in person at a bank or financial institution located within a foreign country before receiving disability payments. A person violating these provisions is guilty of a Class 2 misdemeanor and subject to a civil penalty of $25,000.

HB2930 , Delegate Miller. Local Business, Professional and Occupational Business Licenses; State Licenses. Provides that local business licenses and state licenses shall be denied or suspended if the business employes or uses unlawful workers.

Others:

HB1673 , Delegate Robert Marshall. Commission on Immigration. Creates the Virginia Commission on Immigration as an advisory commission in the executive branch to analyze the current impact of immigration on the Commonwealth and make recommendations on related policies in the areas of education, employment, and cooperative efforts with the federal government. The bill sets out the membership of the Commission and its powers and duties and defines immigration. The Commission expires on August 1, 2009.

HB 2322 , Delegate Gilbert. Criminal procedure; admission to bail. Adds a presumption, subject to rebuttal, against admitting to bail any alien who is present in the United States illegally, as verified by the Law Enforcement Support Center of the Bureau of Immigration and Customs Enforcement of the United States Department of Homeland Security or as verified by any other credible information.

HB2471 , Delegate Daniel Marshal III. Renewal, duplication, or reissuance of special identification cards. Provides that renewal, duplication, or reissuance of special identification cards does not require proof of legal presence.

HB 2629 , Delegate Reid. Use of Matricula Consular cards. Declares that a Matricula Consular identification card shall not constitute evidence, and shall not be used in the Commonwealth by any individual as a means of establishing, that the individual to whom such card was issued is a lawful resident of the Commonwealth or otherwise is an individual whose presence in the Commonwealth is in compliance with the laws of the United States.

HB3006 , Delegate Marsden. Investigation following conviction for criminal street gang activity; States that upon conviction for certain youth gang offenses, the probation and parole officer shall verify the offendor’s immigration status. Permits further investigation of the offender’s household.

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