2007 proposed illegal immigration legislation in Virginia

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Virginia State Senator Ken Cuccinelli is sponsoring a bill to outlaw human trafficking in the Commonwealth

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The Senator is an amazingly good man. Spend two minutes talking with him and I guarantee you will vote for him. Thank goodness we have guys like Ken Cuccinelli in public office.

It's always a treat to wade through the plethora of proposed legislation for one's state. Following is a current listing of proposed bills that have been introduced in the 2007 Virginia session related to illegal immigration. It's not a short list, which is a good thing.

UPDATE: BVBL has some important updates - I won't get them incorporated here until later on so go check him out.

UPDATE II: Welcome, Raising Kaine readers! It's nice to see your man Lowell has no close acquaintances who once earned their living in the landscaping, drywall, frame carpentry, roofing, or contracting occupations in Northern Virginia, and also that he has the keen acumen to appreciate bottom-dollar labor. Progressives really ARE the smart ones - and they're not nearly as liberal as most people might think!

HB 2448; HB 2826
Virginia Security and Immigration Compliance Act
Chief Patrons: Delegate Jeffrey M. Frederick (R) - House District 52 (Woodbridge); Delegate C. Todd Gilbert, (R) - House District 15 (Woodstock)

Requires all public bodies and contractors who intend to contract with public bodies to register and participate in the Basic Pilot Program to verify the work authorization status of all new employees. The bill also expands the current definition of extortion to include situations in which a person knowingly destroys, conceals, removes, confiscates, or possesses any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person and thereby extorts money, property, or pecuniary benefit or any note, bond, or other evidence of debt from him or any other person. The bill requires that a law-enforcement officer shall verify the nationality and immigration status of certain persons who are confined in jail through use of the Law Enforcement Support Center of the United States Department of Homeland Security, and to report aliens unlawfully present in the United States to the United States Department of Homeland Security. The bill requires taxpayers who take a deduction on their federal income tax returns for wages paid to employees who are aliens and who have not provided proof that such aliens are legally authorized to work in the United States to add such wages back for purposes of calculating Virginia taxable income, for taxable years beginning on or after January 1, 2008.

HB 1460
Street gangs; verification of immigration status upon conviction of crime.
Chief Patron: Delegate Dave W. Marsden (D) - House District 41 (Burke)

Provides that upon the conviction of any person of a youth gang crime, the probation and parole officer shall verify the person's immigration status. If the officer discovers that the person is in the United States illegally, he shall report his status to the United States Immigration and Customs Enforcement Agency. The officer shall then contact the United States Immigration and Customs Enforcement Agency and report information he may have on the person and his family and household members.

HB 1570
Business entities; certification of legal status, penalty.
Chief Patron: Delegate John S. Reid (R) - House District 72 (Richmond)

Requires that an individual executing a document to be filed with the State Corporation Commission pertaining to a corporation, limited liability company, business trust, limited partnership, or general partnership execute and submit a sworn and notarized affidavit certifying that the individual and every other individual identified in the document as an officer, director, shareholder, manager, member, partner, trustee, employee, or agent, as appropriate, of the business entity is either (i) a citizen of the United States, (ii) a legal permanent resident of the United States, or (iii) a conditional resident alien of the United States. The individual shall submit valid documentary evidence that the individual and every other individual so identified have such status. A violation is a Class 1 misdemeanor.

HB 1618
Immigration laws; Governor to enter into agreement with federal Immigration regarding.
Chief Patron: Delegate Jeffrey M. Frederick (R) - House District 52 (Woodbridge)

States that it is the responsibility of the Governor to enter into an agreement with federal Immigration and Customs Enforcement that would allow the Department of State Police to enforce civil immigration laws.

HB 1673
Immigration, Commission on; created, report.
Chief Patron: Delegate Robert G. Marshall (R) - House District 13 (Manassas)

Creates the Virginia Commission on Immigration as an advisory commission in the executive branch to analyze the current impact of immigration on the Commonwealth and make recommendations on related policies in the areas of education, employment, and cooperative efforts with the federal government. The bill sets out the membership of the Commission and its powers and duties and defines immigration. The Commission expires on August 1, 2009.

HB 1906
Unfair employment practices; discharging employees when unauthorized aliens are employed.
Chief Patron: Delegate David B. Albo (R) - House District 42 (Springfield/Lorton)

States that it is an unfair employment practice for an employer to discharge any United States citizen or legally authorized worker if the employer, on the date of the discharge, employed an unauthorized alien within the Commonwealth. Employers that are enrolled and participate in the federal Basic Pilot Program, or are exempt from compliance with federal employment verification procedures under federal law, are not subject to this measure. Someone discharged in violation of this unfair employment practice is entitled to recover treble damages, including lost wages from the date of the discharge until the date the employee has procured new employment, or 120 days, whichever occurs earlier, and reasonable attorney’s fees and costs.

HB 1918; HB 1970
Illegal aliens; presence unlawful in State
Chief Patrons: Delegate Mark L. Cole (R) - House District 88 (Fredericksburg); Delegate David B. Albo (R) - House District 42 (Springfield)

Provides that any alien who is present in the United States illegally, as verified by the Bureau of Immigration and Customs Enforcement, is guilty of a Class 1 misdemeanor.

HB 1921
Extortion; withholding immigration document.
Chief Patron: Delegate H. Morgan Griffith (R) - House District 8 (Salem)

Provides that any person who knowingly destroys, conceals, removes, confiscates, or possesses any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person and thereby extorts money, property, or pecuniary benefit or any note, bond, or other evidence of debt from him or any other person is guilty of a Class 5 felony.

HB 2169
Tuition, In-state; illegal aliens not eligible.
Chief Patron: Delegate Benjamin L. Cline (R) - House District 24 (Amherst)

Provides that an alien who is unlawfully present in the United States shall not be eligible on the basis of residency within Virginia for any postsecondary educational benefit including, but not limited to, in-state tuition and state financial aid, unless citizens or nationals of the United States are eligible for such benefits in no less an amount, duration, and scope, without regard to whether such citizens or nationals are Virginia residents.

HB 2322
Criminal procedure; admission to bail.
Chief Patron: Delegate C. Todd Gilbert (R) - House District 15 (Woodstock)

Adds a presumption, subject to rebuttal, against admitting to bail any alien who is present in the United States illegally, as verified by the Law Enforcement Support Center of the Bureau of Immigration and Customs Enforcement of the United States Department of Homeland Security or as verified by any other credible information.

HB 2328
Verification of employment eligibility through Basic Pilot Program; penalty.
Chief Patron: Delegate C. Todd Gilbert (R) - House District 15 (Woodstock)

Makes it unlawful for an employer to fail to confirm, through the Basic Pilot Program of the U.S. Department of Homeland Security, the employment eligibility of a job applicant. A violation is a Class 1 misdemeanor.

HB 2336
Fraudulent use of birth certificates; penalty.
Chief Patron: Delegate C. Todd Gilbert (R) - House District 15 (Woodstock)

Any person who fraudulently uses a birth certificate is guilty of a Class 6 felony. Currently, the crime is a Class 1 misdemeanor unless the birth certificate is used to buy a firearm, which is a Class 6 felony.

HB 2435
Lawful immigration status in order to obtain domicile in the Commonwealth.
Chief Patron: Delegate David B. Albo (R) - House District 42 (Springfield/Lorton)

Prevents an alien not lawfully in the United States from obtaining legal domicile in the Commonwealth.

HB 2622
Harboring illegal alien.
Chief Patron: Delegate John S. Reid (R) - House District 72 (Richmond)

Provides that any person who harbors, transports, or conceals an alien is guilty of a Class 6 felony if he knew or should have known that the alien was in the United States illegally. If the violation was done for the purpose of commercial or private financial gain, then the violation would be a Class 5 felony.

HB 2926; SB 1045
Immigration; powers of law-enforcement officers.
Chief Patrons: Senator Jay O'Brien (R) - Senate District 39 (Clifton); Delegate Thomas Davis Rust (R) - House District 86 (Herndon/Sterling)

Expands the powers of state and local law-enforcement officials to include immigration powers conferred upon the law-enforcement agency by agreement with the U.S. Department of Homeland Security. The bill also allows the Department of Corrections to receive any person into a state or local facility committed under the authority of the United States.

HB 2936
Arrest of illegal aliens.
Chief Patron: Delegate Jackson H. Miller (R) - House District 50 (Manassas)

Provides that all law-enforcement officers enumerated in § 19.2-81 shall have the authority to enforce immigration laws of the United States, and to arrest an individual without a warrant upon receiving confirmation from the Bureau of Immigration and Customs Enforcement of the United States Department of Homeland Security that the individual is an alien illegally present in the United States. Currently the person arrested would also have to have been previously convicted of a felony in the United States and deported or left the United States after such conviction.

SB 815
Human Anti-Trafficking Act; created.
Chief Patron: Senator Ken T. Cuccinelli, II (R) - Senate District 37 (Fairfax)

Establishes the crime of and punishment for human trafficking, a Class 4 felony. Punishes human trafficking, when for the purposes of commercial sex acts or sexually explicit performance, as a Class 2 felony. Provides for civil liability, business entity liability, restitution to victims, and forfeiture of trafficker assets. Adds the crime of human trafficking as a racketeering activity under the Virginia RICO provisions.

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4 Comments

Jonathan said:

Joe,

Cucc looks really queer in that photo. Have you no decency?

He is a fine looking man, Jonathan; please control the passions long enough to pay attention to his words.

I will say, Ken IS a little hard to photograph so I imagine he will greatly appreciate your compliment.

Senator John Douglas said:

I have just stumbled on your list of legislation for VA. Is this all in the current session or has some already become law? A great list with some very good ideas for Georgia. We have done much so far but there is more to do in the absence of federal action.

Dear Senator, this is all proposed for Virginia in the current session, and there have been some additions that I will be adding to the list shortly.

You in Georgia have already set the standard with the Act going into effect in July. Congrats, and thank you!

We are tracking progress of the above and I will be posting that information as the bills move through the process.

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