Virginia eyes illegal immigration battle

August 2, 2010

 

 

By Stephen Groves


Gov. Robert F. McDonnell avoided taking a strong stand on Virginia’s future in the illegal immigration debate, but there were rumblings yesterday that could propel the Commonwealth to the center of the issue.

 


“I believe strongly we need to follow the rule of law,” the governor told WRVA radio in Richmond. “We need to do a much better job of securing the borders, but we need to permit lawful immigration in the United States consistent with the economic needs of our country … It’s too early to give any comment on what’s happening out there.”

Later in the morning, Prince William County Board of Supervisors Chairman Corey Stewart proposed legislation that aims to crack down on illegal immigrants in Virginia.
 
“It’s going to be more legally sound [than the Arizona law],” Stewart said. “And in some respects, even tougher.”
 
Termed the "Rule of Law Act," Stewart's proposal is similar to the law in Arizona that's currently under fire. The initiative would give police officers the power to check the immigration status of anyone during "lawful contact" such as a traffic stop.
 
It also would allow police officers to arrest illegal immigrants without a warrant if the police suspect the person is an illegal immigrant. The measure would curb illegal day laboring, and allow state penalties for failing to complete alien registration documents. It would also stop illegal immigrants from registering an automobile in the state, and put a tax on money that is wired out of the country.
 
But the proposal most likely will hinge on the outcome of this week's federal injunction against several key elements of the Arizona law. U.S. District Judge Susan Bolton put on hold a provision requiring officers to check an individual's immigration status while enforcing other laws. Arizona is appealing the ruling, showcasing the current battle between federal and state governments regarding immigration policy.
 
“It’s a very unusual thing for the United States of America to go in and tell a state we don’t like your law and we’re using the Supremacy Cause of the United States Constitution to invalidate your law, but yet that’s the rationale in this judge’s opinion,” McDonnell said.
 
Many expect the case to go to the Supreme Court.
 
Stewart’s proposal differs from the Arizona law in that individuals would not be penalized for not carrying their immigration documents.
 
The proposal is not without opponents.
 
“It is irresponsible legislation,” said Nancy Lyall of Mexicans without Borders, an advocacy group for immigrants. “It makes no sense.”
 
“Arizona is going to be spending a fortune in the courts defending these laws,” and for Virginia to join Arizona makes no sense, she said.
 
But Stewart said the law has been tested in Prince William County. In 2007, the county told police officers to check people’s immigration status when they make an arrest or traffic stop. In 2008, a federal district court judge ruled that Prince William County’s policy was legal, although it was later modified so that officers only check the legality of someone after they are arrested.
 
“What we have in Prince William County is effective, and it is working,” said Prince William County Sheriff Glendell Hill.
 
The Prince William County Police Department declined to comment on the matter. The University of Virginia is currently studying the county and will release a report in the fall. So far, though, the police department has not reported a large change in the crime rate. They did report that six percent of people arrested on criminal charges were illegal aliens.
 
Critics say the laws would erode the relationship between the police and the community.
 
“The consequences of it would be very serious and damaging to law enforcement,” said Del. Bob Brink, D- Arlington. “You lose the trust and communication.”
 
After the policy was introduced in Prince William County, the Hispanic population’s satisfaction with police attitudes and behavior plummeted in polls commissioned by the county.
 
Stewart says he has wide support for his plan, calling the movement “viral.” His petition for the law has garnered several thousand signatures, he said.
 
Many question why the issue is so important for Virginia.
 
“Unless we’re concerned with illegal immigrants from North Carolina, there is no reason for it,” Brink said.
 
Similar bills have been considered in the statehouse before, but did not pass.
 
“Immigration issues have generated a large volume of legislation over the last several years, and I'm sure that we will continue to see legislation introduced to address additional concerns,” said Kathy Roberts, spokeswoman for Virginia House Speaker Bill Howell.
 
Estimates put the number of illegal immigrants in Virginia near 300,000.

3 Responses to “Virginia eyes illegal immigration battle”

  1. Phil says:

    read how this state continues to employ foreign national felons in it’s agencies – then say something is being done!!

    http://www.topix.com/forum/city/washington-dc/T15B200U0OPHHUHMA

  2. kristine says:

    maybe someone should sit down and make a plan for illegal immigration that can work. we need brains now to figure this out!
    it won’t go away because of these inhuman tactics……”It also would allow police officers to arrest illegal immigrants without a warrant if the police suspect the person is an illegal immigrant. ” on what basis would the police suspect? profiling?

  3. MG says:

    I understand and I am all for it, if they pass a law that targeted CRIMINAL Aliens, people who are here trying to work and a be a successful citizen should be left alone, go after the the criminal that are mainly here to commit crimes, and dont want to obey the laws, The Hispanic community has gotten a bad reputation thanks to a small group of bad apples among the good ones, not everyone is in this country to commit act of crimes,
    Stewart, think about it, you are punishing good people, because of the bad ones,


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