The General Assembly is on the warpath. Fight back!

The following are a list of key immigration bills that we need to keep an eye on very carefully until the very end of session.  We are hopeful that we can have them killed in committee but it will take ALL of us to make that happen.

We will add to this list as needed under our Bills tab at the top of the page.  Please feel free to bookmark the Bills page in your web browser so that you can visit it often for updates.  You can click on the link that corresponds with each bill to check its status in session.

PLEASE NOTE: There are a number of voter suppression bills that overlap into immigration that we will share in a separate post.

Anti-immigrant bills we are AGAINST/OPPOSING this session:

House Bills

House Courts of Justice Committee

HB 1001 Immigration laws; agreement with United States Immigration and Customs Enforcement. Ramadan (R-South Riding). Enforcement of immigration laws; agreement with United States Immigration and Customs Enforcement. Provides that the Superintendent of State Police shall seek to enter into a memorandum of agreement with United States Department of Homeland Security, Immigration and Customs Enforcement, as authorized under 8 U.S.C. § 1357(g), to permit the State Police to perform federal immigration law-enforcement functions in the Commonwealth after arrest of an alien.

HB 1060 Citizenship of arrestee; if accused is not committed to jail, arresting officer to ascertain. Anderson (R-Woodbridge). Arresting officer to ascertain citizenship of arrestee.  Supplements the existing law that requires sheriffs to make a query into legal presence when a person is “taken into custody” at a jail. This bill expands such inquiries by requiring inquiries of everyone arrested, independent of whether they were taken into custody at a jail, and requires that an arresting officer inquire of every arrestee whether 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. The bill further provides that when a warrantless arrest is made and the law-enforcement officer finds probable cause to believe that the person is not legally present in the United States, he shall communicate to the judicial officer the facts and circumstances underlying his belief. If the judicial officer concurs in the determination of the officer and finds probable cause to believe that the person will not appear for trial or hearing, the judicial officer may refuse to admit the person to bail.

House Courts of Justice Sub-Committee: #3 Immigration

HB 89 Citizenship of arrestee; if accused is not committed to jail, arresting officer to ascertain. Del Albo (R-Springfield) Supplements the existing law that requires sheriffs to make a query into legal presence when a person is “taken into custody” at a jail. This bill expands such inquiries by requiring inquiries of everyone arrested, and requires that an arresting officer inquire of every arrestee whether 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.

HB 108 Federal immigration law; enforcement by State and its political subdivisions. Del Albo (R-Springfield). Enforcement of federal immigration law by the Commonwealth and its political subdivisions. Provides that no agency of the Commonwealth, political subdivision of the Commonwealth or locality, or an employee of any of them acting in his official capacity, may limit or restrict the enforcement of federal immigration laws to less than the full extent permitted by federal law.

HB 320 Citizenship of arrestee; if accused is not committed to jail, arresting officer to ascertain. Del Ingram (R-Hopewell) Arresting officer to ascertain citizenship of arrestee. Supplements the existing law that requires sheriffs to make a query into legal presence when a person is “taken into custody” at a jail. This bill expands such inquiries by requiring inquiries of everyone arrested, and requires that an arresting officer inquire of every arrestee whether 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.

HB 472 Immigration query at arrest; law-enforcement officer to determine status after lawful traffic stop. Del Albo (R-Springfield) Immigration query at arrest or during detention.  Provides that when a law-enforcement officer lawfully detains a person who cannot produce a driver’s license or properly identify himself following a lawful traffic stop, the officer is authorized, during the detention, to make certain prescribed inquiries of the detainee and of U.S. Immigration and Customs Enforcement (ICE). If the officer forms a reasonable suspicion, on the basis of such inquiries, that the person is unlawfully present in the United States and determines that the person has also been previously deported, the officer may arrest the person or, if he has not been previously deported, detain the person for transfer of custody to the federal government.

HB 779 In-state tuition; undocumented persons eligibility. Del Lopez (D-Arlington). In-state tuition; undocumented persons. Establishes that an undocumented person who is unlawfully present in the United States shall not be eligible for in-state tuition unless he meets all of the following criteria: (i) he has resided with his parent, guardian, or other person standing in loco parentis while attending a public or private high school in this state; (ii) he has graduated from a public or private high school in Virginia or has received a General Education Development (GED) certificate in Virginia; (iii) he has resided in the Commonwealth for at least three years since the date he graduated from high school, or for one year if a veteran or an active duty member of the United States armed forces; (iv) he has registered as an entering student in an institution of higher education; (v) he has provided an affidavit to the institution stating that he has filed an application to become a permanent resident of the United States and is actively pursuing such permanent residency or will do so as soon as he is eligible; and (vi) he has submitted evidence that he or, in the case of a dependent student, at least one parent, guardian, or person standing in loco parentis, has filed, unless exempted by state law, Virginia income tax returns for at least three years prior to the date of enrollment.

House Courts of Justice Committee Sub-Committee #1: Criminal

HB 173 Interpreter appointed for non-English-speaking defendant; cost shall be borne by defendant. Del. Loupassi (R- Richmond). Interpreter appointed for non-English-speaking defendant. Provides that the cost for an interpreter for a non-English-speaking defendant shall be borne by the defendant if he is convicted of the criminal offense.

HB 958 Citizenship of arrestee; if accused is not committed to jail, arresting officer to ascertain. Bell (R-Charlottesville). Arresting officer to ascertain citizenship of arrestee.  Supplements the existing law that requires sheriffs to make a query into legal presence when a person is “taken into custody” at a jail. This bill expands such inquiries by requiring inquiries of everyone arrested, and requires that an arresting officer inquire of every arrestee whether 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.

House Committee on Transportation

HB 560 Driver’s licenses; prohibits issuance to certain persons. Del Marshall (R- Danville). Driver’s licenses.  Prohibits issuance of driver’s licenses to any person less than 21 years old unless he is either a high school graduate or has earned a GED.

 House Committee on Commerce and Labor

HB 1077 Day labor centers; use of E-Verify program. Hugo (R-Centreville). Day labor centers; use of E-Verify program.  Requires day labor centers to be enrolled in the E-Verify program by December 1, 2012, and to use the E-Verify program for each day laborer referred by the day labor center to a third-party employer for day labor employment on and after December 1, 2012.

Senate Bills

Senate Committee for Courts of Justice

SB 460 Immigration query at arrest; law-enforcement officer to determine status after lawful traffic stop. Black (R-Leesburg). Immigration query at arrest or during detention.  Provides that when a law-enforcement officer lawfully detains a person following a lawful stop, detention, or arrest of such person for a suspected criminal offense or traffic infraction or upon reasonable suspicion of criminal activity and, during the detention, based upon certain prescribed inquiries of the detainee and ICE, the officer forms a reasonable suspicion that the person is unlawfully present in the United States, the officer shall make a reasonable effort during the detention, when practicable, to determine whether the person is lawfully present, unless the determination would hinder or obstruct an investigation. The bill also sets out procedures to be followed by a judicial officer who would make a bail determination for such an arrestee.

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