Thread: Authority For Local Illegal Immigration Curbs Questioned

Authority For Local Illegal Immigration Curbs Questioned

By Mike Pettigano
(Created: Friday, September 21, 2007 12:15 PM EDT)

County supervisors Wednesday night continued to advance a range of measures aimed at cutting off county services to illegal immigrants. Debate over such restrictions has played into the political campaigns of many supervisors and their challengers, but action to implement them, if any is taken, appears unlikely before the November elections.

Increased support from federal immigration authorities, new requirements for county contractors to certify that they hire only documented workers, the withholding of business licenses and building permits, and increased enforcement and fines for residential overcrowding were among the tactics debated at the work session. The board also is weighing a proposal to cut off county funding to certain organizations, including medical and other assistance groups, that provide services without regard to a client's legal residency status.

The latter issue, proposed by Supervisor Lori Water's (R-Broad Run), sparked one of the more lively debates of the meeting. Waters contested that many of the charitable organizations, which are partly funded with local tax money, provide their services regardless of legal residency.

Several supervisors argued that many of the organizations, including free medical clinics and overnight shelters for the homeless, provide services that Americans would expect to receive themselves when visiting another country. In the medical field specifically, several questioned whether treatment should be denied to individuals in need.

Supervisor Jim Burton (I-Blue Ridge) said he agreed with many of the ideas brought to the board, but that denying free healthcare to the poor borders on being "cruel." He added that the board should demonstrate more compassion and that it was "stupid" to halt donations for free health care because, he said, many illegal immigrants work in restaurants and could spread illness if ailments are left untreated.

Supervisor Bruce E. Tulloch (R-Potomac) added that the board should consider the serious repercussions that would stem from allowing potentially diseased people to work in the food industries.

Supervisor Eugene Delgaudio (R-Sterling) would have none of it, saying the board should ask if those organizations are serving illegal aliens. Delgaudio said Loudouners don't want the taxpayer money going to illegal aliens, and that the board should have compassion to people who want the money to go to legal county residents.

Supervisor Sally Kurtz (D-Catoctin) said those decisions should be made by the board on an annual basis during budget negotiations.

Supervisor Stephen J. Snow (R-Dulles) received a mixed reaction from the board for his suggestion that county residents carry locally issued identification cards to receive county services.

"They would be similar to the military ID card some of us carry, which shows what certain benefits and services I can get as a retired army man," Snow said, using his and Burton's military backgrounds as examples.

Burton said the ID card requirement might not get a warm reception from residents.

"I know my wife said she'd refuse to show it or even carry it," Burton said. Snow's idea was moved to the next meeting for further consideration.

County Chairman Scott York (I-At Large) won support for his proposal to work with other localities, such as Culpeper County where leaders are spearheading a regional discussion of illegal immigration concerns.

The board continues to develop specific policies to implement their goals and to investigate their legal options to impose restrictions, but most decisions will not occur until after next month's Human Services Committee when the next discussion is scheduled.

Sheriff Stephen O. Simpson told supervisors that deputies are targeting crime in areas deemed by the board to be "hot spots" for illegal aliens. Simpson said the largest problems have involved housing and zoning violations, with noise and conduct complaints being the bulk of the reports. He added that while the federal Immigration Control and Enforcement Agency (ICE) has worked well, more support from the federal government is needed to aid in the identification and deportation of illegal aliens.

Supervisors supported a requirement that companies contracted to do business with the county government certify that they only hire legal workers. Contracts could be voided if the contractor were found to be hiring illegally.

As with many of the proposals, there were questions about whether the board had the authority to take such action.

"Is it legal to use one contractor over another? If they didn't qualify, can we exclude them," Burton asked. "If we included a provision in the contract that they have to comply with all laws, is that legal?"

Delgaudio said, "We have flexibility to ask people to comply with county, state and federal laws."

York recommended that staff develop a detailed proposal and report back.

Commissioner of the Revenue Robert S. Wertz Jr. cautioned against efforts to withhold businesses licenses from undocumented residents or those who hire them. He pointed out that the permits are essentially a tax and that revenue-generating function would be impeded if his office were required to confirm residency and employment compliance before issuing licenses.

Supervisors had asked Wertz if he even had the power to revoke licenses if violations were found.

"It wouldn't be fair for legal businesses that are complying," Wertz said, adding that his office does everything it can to make sure businesses are following the laws. "If I fail to impose this tax on an illegal alien, I'd be giving them a break."

Emphasizing the crackdown on builders and businesses, Supervisor Mick Staton (R-Sugarland Run) motioned to direct staff to begin drafting language to be used in proffers for land use applications and special exception conditions that would require any contractors or subcontractors that work on a development project to verify to the county that they are not employing illegal immigrants. Burton then motioned to have the county attorney examine the legality of Staton's proposal.

Burton's motion passed 5-4, with Supervisors Jim Clem (R-Leesburg), Waters, Staton and Delgaudio voting against, on the grounds that it was not the original motion by Staton, and it would only delay the final decision further. "That was not good enough for me," Staton said.

Tulloch urged the board to increase enforcement and fines for violation of the county's residential overcrowding law. Waters said the county's staff would be overwhelmed by that kind of change. Director of Building and Development Terrance Wharton suggested the "hot spot" method, which would involve targeting specific problem areas to efficiently utilize all county resources.

Delgaudio suggested Sterling Park as the county's top enforcement priority, to which Tulloch responded, "This is a problem everywhere."

Wednesday's meeting was of the board's Committee of the Whole, therefore the board must take action during a regular meeting before any policy changes take effect.

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If Americans can afford to travel abroad, they should be able to afford to take care of themselves. Otherwise they have no business going.