Immigration Legislative Digest 2006-2009

Immigration Legislative Digest 2006-2009 During the four years that Delegate Valentine has served in the House of Delegates, 29 immigration bills have come before her committees or a full vote of the House. Out of these 29 pieces of legislation, Delegate Valentine voted with the Republican Majority on 25 bills. 2006 Bills HB 1460 Street gangs; verification of immigration status upon conviction of crime. Dave W. Marsden Summary:

Immigration status of youth gang criminals and families. Provides that upon the conviction of any person of a youth gang crime, the probation and parole officer shall verify the person's immigration status. If the officer discovers that the person is in the United States illegally, he shall report his status to the United States Immigration and Customs Enforcement Agency. The officer shall then contact the United States Immigration and Customs Enforcement Agency and report information he may have on the person and his family and household members. Votes: House vote 2/14/06 (96-Y 4-N) Valentine: Y Status: Bill passed House and was continued in Senate Courts of Justice Committee to 2007. ________________________________________________________________________ HB 487 Immigration laws; Governor to enter into agreement with federal Immigration regarding. Jeffrey M. Frederick Summary:

Department of State Police; immigration laws. 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. Votes: House vote 2/1/06 (77-Y 22-N) Valentine: Y Status: Bill passed House but was passed by indefinitely in Senate Courts of Justice Committee. ________________________________________________________________________ HB 186 Immigration, Commission on; created, report. Robert G. Marshall Summary:

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. The bill sets out the membership of the Commission and its powers and duties, and defines immigration. Votes: House vote 2/14/06 (99-Y 1-N) Valentine: Y Status: Bill passed House but was defeated in Senate Rules Committee. ________________________________________________________________________

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Immigration Legislative Digest 2006-2009 HB 1046 Juveniles; reporting alleged illegal alien delinquents to Immigration and Customs Enforcement Agency. John S. Reid Summary:

Reporting certain juveniles to the Immigration and Customs Enforcement Agency. Provides that a juvenile intake officer shall report to the United States Immigration and Customs Enforcement Agency a juvenile who has been detained in a secure facility based on an allegation that he committed a violent juvenile felony and who the intake officer has probable cause to believe is in the United States illegally. Votes: House vote 2/10/06 (88-Y 10-N) Valentine: Y Senate vote 3/7/06 (40-Y 0-N) Senate vote 3/7/06 (35-Y 5-N) House vote 3/9/06 (0-Y 96-N) Valentine: N Senate vote 3/10/06 (39-Y 0-N) House vote 3/10/06 (93-Y 2-N) Valentine: Y Status: Bill passed House and Senate and was signed into law by Governor Kaine. ________________________________________________________________________

2007 Bills HB 1618 Immigration laws; Governor to enter into agreement with federal Immigration, et al., regarding. Jeffrey M. Frederick Summary:

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. Votes: House vote 1/31/07 (40-Y 59-N) Valentine: Y House vote 1/31/07 (69-Y 31-N) Valentine: Y Status: Bill passed House but was defeated in the Senate Courts of Justice Committee. ________________________________________________________________________ HB 1673 Immigration, Commission on; created, report. Robert G. Marshall Summary:

Commission on Immigration. Creates the Virginia Commission on Immigration as an advisory commission in the executive branch. The purpose of the Commission is to study, report, and make recommendations to address the costs and benefits of immigration on the Commonwealth, including the impact on education, health care, law enforcement, local demands for services and the economy, and the effect on the Commonwealth of federal immigration and funding policies. The Commission expires on August 1, 2009. This bill incorporates HJR 776 (Saxman)

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Immigration Legislative Digest 2006-2009 Votes:

House vote 1/26/07 (98-Y 0-N) Valentine: Y Senate vote 2/20/07 (40-Y 0-N) Senate vote 2/21/07 (39-Y 0-N) Senate vote 2/21/07 (40-Y 0-N) House vote 2/22/07 (85-Y 3-N) Valentine: Y House vote 4/4/07 (98-Y 0-N) Valentine: Y Senate vote 4/4/07 (40-Y 0-N) Status: Bill passed House and Senate and was signed into law by Governor Kaine. ________________________________________________________________________ HB 1921 Extortion; withholding immigration document. H. Morgan Griffith Summary:

Extortion by withholding immigration document. 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 is guilty of a Class 5 felony. This bill is similar to SB 815. Votes: House vote 2/6/07 (99-Y 0-N) Valentine: Y Senate vote 2/14/07 (40-Y 0-N) House vote 2/16/07 (96-Y 0-N) Valentine: Y Status: Bill passed House and Senate and was signed into law by Governor Kaine. ________________________________________________________________________ HB 1970 Illegal aliens; it is unlawful to be in Virginia if in United States illegally. David B. Albo Summary:

Federal illegal alien status unlawful in Virginia; penalty. Provides that any alien who is present in the United States illegally and is removable, as verified by the Bureau of Immigration and Customs Enforcement, is guilty of a Class 1 misdemeanor, but the offense is not a primary offense. Votes: House vote 2/6/07 (70-Y 28-N) Valentine: N Status: Bill passed House but was left in Senate Courts of Justice Committee. ________________________________________________________________________ HB 2322 Illegal immigrant; admission to bail. C. Todd Gilbert Summary:

Criminal procedure; admission to bail. Adds a presumption, subject to rebuttal, against admitting to bail any person charged with a felony who is identified as being present in the United States illegally. Votes: House vote 2/6/07 (92-Y 5-N) Valentine: Y Status: Bill passed House but was defeated in Senate Courts of Justice Committee. ________________________________________________________________________ HB 2448 Illegal immigration; verify citizenship status of persons in jail. Jeffrey M. Frederick

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Immigration Legislative Digest 2006-2009 Summary:

Verification of citizen status. Requires that a jailer shall reasonably attempt to verify the citizen status of certain persons who are confined in jail and that the Department of Corrections shall issue guidelines for such verifications. The bill also requires the Virginia State Bar to investigate the practice of providing legal advice to illegal immigrants and to establish related guidelines on unauthorized practice of law. Votes: House vote 2/6/07 (90-Y 6-N) Valentine: Y Status: Bill passed House but was defeated in Senate Courts of Justice Committee. ________________________________________________________________________ HB 2471 Special identification cards; provisions shall not apply to certain applicants. Daniel W. Marshall, III Summary:

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 if the applicant's date of birth is 1937 or earlier and if the applicant has previously held a Virginiaissued driver's license or special identification card if such license or identification card has not been expired for more than five years. Votes: House vote 2/6/07 (99-Y 0-N) Valentine: Y Senate vote 2/20/07 (40-Y 0-N) House vote 2/22/07 (96-Y 0-N) Valentine: Y Status: Bill passed House and Senate and was signed into law by Governor Kaine. ________________________________________________________________________ HB 2622 Illegal alien; person who conceals or shields guilty of felony. John S. Reid Summary:

Harboring illegal alien; penalty. Provides that any person who as a part of a commercial enterprise harbors, transports, or conceals an alien is guilty of a Class 6 felony if he knew that the alien was in the United States illegally. Votes: House vote 2/6/07 (89-Y 0-N) Valentine: Y Status: Bill passed House and was defeated in Senate Courts of Justice Committee. ________________________________________________________________________ HB 2687 Unfair employment practices; discharging employees when unauthorized aliens are employed. John S. Reid Summary:

Unfair employment practices; discharging employees when unauthorized aliens are employed. States that it is an unfair employment practice for an employer to knowingly employ any unauthorized alien within the Commonwealth. An employee who is replaced by his employer with an unauthorized alien shall have a cause of action against his

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Immigration Legislative Digest 2006-2009 employer on or after July 1, 2007. Employers that are enrolled and participate in the federal Basic Pilot Program, are exempt from compliance with federal employment verification procedures under federal law, or have obtained certain employment eligibility verification documentation, are not subject to this measure. Someone discharged in violation of this unfair employment practice is entitled to recover treble damages, including lost wages from the date of the discharge until the date the employee has procured new employment, or 120 days, whichever occurs earlier, and reasonable attorney's fees and costs. This bill incorporates HB 1906. Votes: House vote 1/30/07 (62-Y 37-N) Valentine: Y Status: Bill was passed in House but was defeated in Senate Courts of Justice Committee. ________________________________________________________________________ HB 2688 Workers' compensation; benefits paid to unauthorized aliens. John S. Reid Summary:

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, obtained certain employment eligibility verification documentation, or is exempt from compliance with federal employment verification procedures under federal law, 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. Votes: House vote 2/1/07 (55-Y 41-N) Valentine: Y House vote 2/2/07 (52-Y 45-N) Valentine: Y Status: Bill passed House but was left in Senate Courts of Justice Committee. ________________________________________________________________________ HB 2806 Commissioners of revenue; deny license for those without legal documents for employment in U.S. Kathy J. Byron Summary:

BPOL tax; powers of commissioners of the revenue. Grants local commissioners of the revenue the power to deny or revoke business

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Immigration Legislative Digest 2006-2009 licenses of persons who are aliens and who cannot provide legal documents proving they are legally eligible to be employed in the United States. Votes: House vote 2/5/07 (82-Y 15-N) Valentine: Y Status: Bill passed House but was left in Senate Committee on Finance. ________________________________________________________________________ HB 2926 Immigration; powers of law-enforcement officers by agreement with Department of Homeland Security. Thomas Davis Rust Summary:

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 facility committed under the authority of the United States. This bill incorporates HB 2933. Votes: House vote 2/6/07 (92-Y 6-N) Valentine: N Status: Bill passed House but was defeated in Senate Courts of Justice Committee. ________________________________________________________________________ HB 2937 Certain aliens; eligibility of for state and local public benefits. Jackson H. Miller Summary:

Eligibility of certain aliens for state and local public benefits. Provides that no state or local funds shall be awarded or otherwise disbursed to any organization when the award or disbursement is made with the intent of circumventing the provisions of this section by enabling such organization to provide the type of benefits or assistance to persons who are otherwise ineligible. Further provides that no organization receiving state or local funds shall use the funds to provide the type of benefits or assistance to persons who are otherwise ineligible for them. Votes: House vote 1/30/07 (70-Y 29-N) Valentine: N Status: Bill passed House but was left in Senate Rehabilitation and Social Services Committee. ________________________________________________________________________ HB 3130 BPOL tax; refusal to grant and revocation of business licenses. Kathy J. Byron Summary:

BPOL tax; refusal to grant and revocation of business licenses. Prohibits the issuance of a business license to any individual who cannot provide legal documents proving such individual is legally eligible to be employed or to work in the United States. The bill also authorizes commissioners of the revenue to revoke a license that has already been issued to such an individual.

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Immigration Legislative Digest 2006-2009 Votes:

House vote 2/5/07 (38-Y 55-N) Valentine: Y House vote 2/6/07 (71-Y 28-N) Valentine: Y Status: Bill passed House but was left in Senate Finance Committee. ________________________________________________________________________

2008 Bills HB 440 Illegal aliens; presumption of no bail for those charged with certain crimes. Thomas Davis Rust Summary:

Presumption of no bail for illegal aliens charged with certain crimes. Provides that a judicial officer shall presume, subject to rebuttal, that no condition or combination of conditions will reasonably assure the appearance of the person or the safety of the public if (i) the person is currently charged with an offense listed in subsection A of § 19.2-297.1 (acts of violence), subsection C of § 17.1-805 (acts of violence), any offense under Chapter 4 (§ 18.2-30 et seq.) of Title 18.2 (crimes against the person) except any offense under subsection A of § 18.2-57.2, any felony offense under Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 (drug offenses), or any offense under Articles 2 (§ 18.2-266 et seq.), 4 (§ 18.2-279 et seq.), 5 (§ 18.2-288 et seq.), 6 (§ 18.2-299 et seq.), or 7 (§ 18.2-308 et seq.) of Chapter 7 of Title 18.2 (crimes involving health and safety), and (ii) the court determines that the person is illegally present in the United States. This presumption shall not exist unless the United States Immigration and Customs Enforcement has guaranteed that, in all such cases in the Commonwealth, it will issue a detainer for the initiation of removal proceedings and agrees to reimburse for the cost of incarceration from the time of the issuance of the detainer. This bill incorporates HB 47, HB 757, HB 762, HB 779, HB 929, and HB 1435. This bill is identical to SB 623. Votes: House vote 2/11/08 (98-Y 0-N) Valentine: Y Senate vote 2/25/08 (33-Y 7-N) House vote 2/27/08 (84-Y 13-N) Valentine: Y Status: Bill was passed by Senate and House and signed into law by Governor Kaine. ________________________________________________________________________ HB 820 Inmates; officer of correctional facility to inquire of alien status. David B. Albo Summary:

Alien status of jail and correctional facility inmates. Requires an officer in charge of a jail or correctional facility to inquire of a person in his custody as to whether the person was born in or is a citizen of the United States and to make an immigration alien query to the Law Enforcement Support Center of the United States Immigration and Customs Enforcement for any person who was born in or is a citizen of another country, or if the answers to these questions are unknown. The jail officer

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Immigration Legislative Digest 2006-2009 shall communicate the results of this immigration alien query to the Local Inmate Data System of the State Compensation Board. The State Compensation Board shall communicate, on a monthly basis, the results of any query confirming that a person is illegally present in the United States to the Central Criminal Records Exchange. This bill incorporates HB 368 (Carrico), HB 1029 (Frederick), and HB 441, HB 444, HB 763, and HB 764 (Rust). This bill is identical to SB 609. Votes: House vote 2/04/08 (98-Y 0-N) Valentine: Y Senate vote 2/18/08 (35-Y 5-N) House vote 2/20/08 (96-Y 0-N) Valentine: Y Status: Bill passed House and Senate and was signed into law by Governor Kaine. ________________________________________________________________________ HB 623 Immigration laws; Governor to enter into memorandum of agreement with Immigration and Customs. Jackson H. Miller Summary:

Enforcement of immigration laws; agreement with United States Immigrations and Customs Enforcement. States that it is the responsibility of the Governor to enter into a memorandum of agreement with Immigration and Customs Enforcement that would allow designated state and local law-enforcement officers to perform certain federal immigration law functions in the Commonwealth. Such an agreement is often referred to as an agreement under the federal 287(g) program. Votes: House vote 2/04/08 (88-Y 11-N) Valentine: Y Status: Bill passed House but was passed by indefinitely in Senate Courts of Justice Committee. ________________________________________________________________________ HB 1298 Contractors; shall not knowingly employ unauthorized alien. Jeffrey M. Frederick Summary:

Public body contracts; illegal alien employment. Requires that all public bodies provide in every written contract that the contractor does not, and shall not during the performance of the contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986. This bill is identical to SB 517. Votes: House vote agree to motion 2/11/08 (97-Y 0-N) Valentine: Y House vote 2/12/08 (96-Y 3-N) Valentine: Y Senate vote 2/27/08 (40-Y 0-N) House vote 2/29/08 (97-Y 0-N) Valentine: Y Status: Bill passed House and Senate and was signed into law by Governor Kaine. ________________________________________________________________________ SB 441 Crime victims and witnesses; prohibits inquiry of immigration status. Janet D. Howell

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Immigration Legislative Digest 2006-2009 Summary:

Crime victims; immigration status. Provides that no law-enforcement officer or other agent of state or local government shall inquire into the immigration status of any person who reports that he is the victim of a crime or is the parent or guardian of a minor victim, or is a cooperating witness in a criminal investigation or is the parent or guardian of a minor witness. The bill does not prohibit a law-enforcement officer from inquiring into the immigration status of a victim or witness who has been arrested and charged with a criminal violation, or when such inquiry is required by federal law or is essential to the investigation or prosecution of the crime to which the person is a witness or of which the person is a victim. This bill incorporates SB 639. Votes: Senate vote 2/05/08 (39-Y 0-N) House Courts of Justice Committee vote 2/29/08 (11-Y 10-N) Valentine: Y House vote 3/5/08 (46-Y 52-N) Valentine: Y House vote 3/5/08 (45-Y 53-N) Valentine: Y Status: Bill passed Senate but was defeated in the House. ________________________________________________________________________ SB 652 Higher educational institutions; prohibits certain persons from eligibility for in-state tuition. Emmet W. Hanger, Jr. Summary:

In-state tuition; eligibility of certain individuals. Allows any person to be eligible for in-state tuition who (i) resided with his parent while attending high school in Virginia, (ii) graduated from a public or private high school or received a GED in Virginia, (iii) resided in Virginia for at least three years, (iv) registered as an entering student in an institution of higher education, (v) is not currently in removal proceedings and has petitioned to become a permanent resident, and (vi) has filed, or has a parent who has filed, Virginia tax returns for at least three years. Votes: Senate vote 2/08/08 (30-Y 10-N) House vote (adoption of committee substitute) 3/04/08 (82-Y 17-N) Valentine: Y House vote 3/4/08 (85-Y 14-N) Valentine: Y Senate vote on substitute approved by House 3/5/08 (7-Y 33-N) Status: Bill passed Senate and House adopted a committee substitute, which then passed House. House version of bill did not pass Senate and the conference committee did not resolve the disagreement so no further action was taken. ________________________________________________________________________ HB 14 High educational institutions; aliens unlawfully present not eligible for admission thereto. Christopher K. Peace

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Immigration Legislative Digest 2006-2009 Summary:

Admission of illegal aliens to public institutions of higher education. Provides 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 the Commonwealth. This bill incorporates HB 123 (Hargrove), HB 425 (Marshall, R.G.), and HB 1010 (Hugo). Votes: House vote 2/1/08 (68-Y 28-N) Valentine: N House vote 2/4/08 (73-Y 26-N) Valentine: N Status: Bill passed House but was defeated in the Senate Education and Health Committee. ________________________________________________________________________ 2009 Bills HB 1689 Illegal aliens; fraudulently assisting, penalty. Robert Tata Summary:

Fraudulently assisting illegal aliens; penalty. Provides that any person who knows an individual is an alien in the United States unlawfully and who, with the intent to violate the immigration laws of the United States, fraudulently assists the illegal alien in acquiring or attempting to acquire a benefit, service, status, or privilege to which the illegal alien is not lawfully entitled, is guilty of a Class 1 misdemeanor. Votes: No votes in House or Senate. Status: Bill was stricken from docket by Courts of Justice by voice vote. ________________________________________________________________________ HB 2121 Public Procurement Act; verification of legal presence of contractors for employment. Paul F. Nichols Summary:

Public Procurement Act; verification of legal presence. Requires all public contractors and their subcontractors to register and participate in a federal Electronic Work Verification Program or similar electronic verification of work authorization program to determine that their employees and individual independent contractors are legally eligible for employment in the United States. Contractors and subcontractors are required to verify the employment status of their employees and independent contractors, and are prohibited from employing or contracting with an individual who is determined not to be legally eligible for employment in the United States as determined through the verification of the individual's status. Contractors who do not register and participate in the registration program are ineligible for prequalification. The measure becomes effective on July 1, 2010. Votes: No votes in House or Senate. Status: Bill was left in Courts of Justice. ________________________________________________________________________ HB 2509 Elections; voter integrity and identification provisions. Robert G. Marshall

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Immigration Legislative Digest 2006-2009 Summary:

Elections; voter integrity and identification provisions. Requires the following steps to emphasize integrity in the voting process: (i) posting notice in at least two languages at the polls of legally required voting qualifications and penalties for violations; (ii) requiring proof of citizenship with registration applications; and (iii) revising the voter identification requirements for in-person and absentee voting procedures. The act will take effect January 1, 2010. Votes: House voted on 2/10/09 (3-Y 95-N) Valentine: N Status: Bill was defeated in the House. ________________________________________________________________________ HB 2580 Illegal immigrants; removes Code provision that prohibits an arrest thereof more frequently. Jackson H. Miller Summary:

Arrest of illegal immigrants. Revises Code provision that prohibits an arrest of an illegal alien (who has been previously convicted of a felony and deported) more frequently than once every six months to allow arrests within the six-month period when confirmation has been received from Immigration and Customs Enforcement that the arrested person will be taken into federal custody. Votes: House Courts of Justice Committee vote 2/04/09 (22-Y 0-N) Valentine: Y House vote 2/10/09 (98-Y 0-N) Valentine: Y House vote 2/10/09 (99-Y 0-N) Valentine: Y Senate vote 2/25/09 (40-Y 0-N) House vote adoption (97-Y O-N) Valentine: Y Status: Bill was passed by House and Senate and signed into law by Governor Kaine. ________________________________________________________________________

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