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Assembly takes on illegal immigration
Lawmakers say they're frustrated by lack of direction from the U.S.

BY PAMELA STALLSMITH
TIMES-DISPATCH STAFF WRITER Jan 29, 2007


Both sides of the immigration debate can agree on one thing: Congress and President Bush have failed in tackling the issue. This has caused a record number of bills to be introduced in this year's General Assembly session.

Immigration advocates estimate that about 50 proposals were offered this year. Lawmakers seeking to toughen state laws contend the measures are needed to fill a void caused by the inaction of federal officials.

"One thing is very clear: Virginia state legislators are frustrated with Congress' failure to pass comprehensive immigration reform," said Tim Freilich, legal director of the Virginia Justice Center for Farm and Immigrant Workers, who called 40 of the measures negative.

Bills cover, among other topics, education, law enforcement, the workplace, restricting public benefits, and combating human trafficking.

At a news conference this month, some House Re- publicans cited their frustrations with the White House.

"As a Republican, I am deeply disappointed in the leadership on the issue by President Bush," said Del. John S. Reid, R-Henrico, who has introduced about a half-dozen measures that would crack down on illegal immigration. "I agree with him on many issues, but on this one I am disappointed."

Reid's bills include one preventing Virginia companies from firing legal workers without cause if businesses knowingly employ illegal immigrants, and one prohibiting illegal immigrants from paying in-state tuition at public colleges and universities.

"People are contacting their legislators because they do not like the idea that people are coming over here illegally with impunity," Reid said in an interview last week. "This is a federal issue, and the federal government should deal with it. But in their absence of dealing with it, the state and localities should."

Those who favor tougher immigration laws contend it's a fairness issue, and that it's unfair to those immigrants who followed the rules.

"We cannot turn the cheek of indifference to the flagrant violation of our immigration laws," Republican Lt. Gov. Bill Bolling said at the news conference.

Many of the bills seeking to toughen immigration laws come from Northern Virginia Republicans, whose region contains some of the highest numbers of foreign-born residents. In previous years, similar proposals have cleared the more conservative House and died in the more moderate Senate.

One Virginian in 10 was born outside the country. Between 250,000 and 300,000 illegal immigrants live in Virginia, studies show, most of whom are Hispanic.

Immigration reform is expected to come before the Democrat-controlled Congress, which analysts believe is more open to immigration changes than the previous GOP leadership. Bush addressed the need for immigration reform during his State of the Union address last week which drew applause from congressional Democrats.

During a news conference last week, immigration advocates called many of the proposed Virginia bills harmful, signaling out proposals they say would hurt children and businesses. A bill that would have required school officials to examine immigration documents of children born outside the United States was later tabled in the House Education Committee.

Many of the bills concern law enforcement, such as those giving state and local officials the ability to enforce federal immigration laws. Advocates say that would have a chilling effect on immigrant communities and their relationship with police.

This month, Republican Attorney General Bob McDonnell urged Democratic Gov. Timothy M. Kaine to let some state agencies -- among them the Virginia State Police -- enter into an agreement with U.S. Immigration and Customs Enforcement to give them those powers in the investigation of certain violent crimes.

Kaine has declined, saying he didn't want Virginia taxpayers picking up the bill for a federal responsibility and that it could undermine current agreements with the federal immigration agency. A bill to require that the state enter into such an agreement is pending.

If legislators want to address immigration reform, said the Rev. C. Douglas Smith, executive director of the Virginia Interfaith Center for Public Policy, "they should do that through the federal delegation."


Contact staff writer Pamela Stallsmith at pstallsmith@timesdispatch.com or (804) 649-6746.