Crackdown in waiting

The Virginia House of Delegates passed on Feb. 8 a group of bills designed to curb illegal immigration within the state. The legislation includes HB 1465, which would prohibit Virginia public colleges from accepting undocumented students, and HB 2332, which would require police to check the immigration status of anyone they arrest.

The Virginia House voted along party lines with the Republican majority approving the 10 anti-illegal immigration bills. Opponents say that the bills could infringe upon the rights of Hispanic Americans. Edgar Aranda-Yanoc, Chairman of the Virginia Coalition of Latino Organizations (VACOLAO), worries that if the bills become law, they could encourage discrimination against Virginia's Hispanic community. "[The bills] are going to open the door to treating immigrants as second-class citizens."

Sponsors of the legislation stress that the legislation is meant to crack down on Virginia's illegal immigration problem. "I have a moral responsibility to focus on the needs of legal residents, especially in difficult economic times," said Del. Todd Gilbert, a Republican from Rappahannock, in a recent legislative session, according to the Virginian-Pilot.

Just three days after the House votes, a Salvadoran man who was ordered deported nearly a decade ago but never left was charged with three counts of first-degree murder in a series of shootings and a knife attack in Manassas.

Jose Oswaldo Reyes Alfaro, an illegal immigrant, was charged in the pair of attacks blocks apart Thursday night that left three people dead and three others injured, Manassas Police Chief Doug Keen said Friday.

The killings touched off further discussion of illegal immigration in Manassas and surrounding Prince William County, which was one of the early flashpoints in the national debate over whether local authorities should play a role in enforcing the nation's immigration laws.

"It's another abject failure of the federal government," said state Delegate Jackson Miller, R-Manassas, a former city council member and police officer. "Now we have three innocent victims in my city, about a mile from my house there's a murderous rampage. I am furious. ... Yet it happens over and over and over again, and then we have to hear all of these apologetic excuses as to why we shouldn't be addressing criminal illegal aliens on the state or local level. It's just disgusting." All this occurred just days after the US Census Bureau released the results of the 2010 census to several states, including Virginia. Over 630,000 people (or 7.9% of Virginia's population) listed themselves as of Hispanic origin, almost double the number from 2000. A recent Pew Hispanic Center report estimated the number of illegal immigrants in Virginia to be 240,000 in 2009, a drop of 65,000 since 2005.

HB 1465 would mandate that all public institutions of higher education "adopt written policies and procedures prohibiting the enrollment of an individual determined to be not lawfully present in the United States." Currently, federal law prohibits illegal aliens from receiving federal aid, but public colleges are free to decide whether or not to allow undocumented students to enroll.

The House also passed HB 1775, which would mandate local school boards to collect data on the number of students taking English as a Second Language courses and the number of students unable to provide authentic birth documentation. The school boards must submit this information to the Board of Education which would, in turn, report the information to the governor and General Assembly.

"The bill is punishing children for what their parents did," said Del. Mark Sickles, D-Fairfax County, who was one of 25 delegates to vote against the measure. Supporters believe the information will help state and local authorities track the number of illegal immigrants and costs associated with them.

Following Arizona's controversial immigration law, HB 2332 states that, when an arrest is made, the arresting officer must inquire if the person is a citizen of the United States.

The bill goes on to read, "the officer shall make an immigration alien query to the Law Enforcement Support Center of the U.S. Immigration and Customs Enforcement for any person who responds that 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…"

"We see this legislation eroding the relationship of police and the community," said Aranda-Yanoc, speaking for VACOLAO. He added that to fight crime, the police and the Hispanic community must work together. But the bill would cause distrust between the two groups, and undocumented witnesses will not report crimes to the police.

House Republicans note that the bill combats the problems caused by illegal immigrations within the state. They claim that because of a broken federal immigration system, Virginia has shouldered the high costs of illegal immigration.

Other notable bills focus on jobs and social services. HB 1727 requires that all businesses with 15 or more employees join the E-Verify program by the end of the year. Businesses that violate the legislation would face a possible suspension of their business license. HB 1468 mandates social service agencies to check for citizenship before administering services. The governor would withhold state funding from any organization found to be in violation of the legislation. HB 1421 restricts state and local employees from hindering the enforcement of federal illegal immigration laws.

The immigration bills face strong opposition in a Democratic-controlled Virginia Senate.

UPDATE: On Feb. 17 the Senate Courts of Justice subcommittee killed all immigration enforcement bills except a measure to revoke driver's licenses of those deported and a requirement that state contractors check workers' residency status through the free federal "e-Verify" system.

The Associated Press contributed to this report.