Without the Democrat-controlled Senate that has stopped it in years past, legislation aimed at cracking down on illegal immigrants in Virginia has begun its path through the General Assembly.
Two bills that would require law enforcement officers to make citizenship inquiries of everyone arrested were reported out of subcommittee and are expected to clear the House Courts of Justice Committee today on their way to the full House.
The more contentious of the two, House Bill 1060, would require police officers throughout the state to make citizenship inquiries of everyone arrested for any offense, regardless of whether they are taken to jail.
It also requires officers finding "probable cause" to believe that the person is not legally present in the U.S to communicate that information to the judicial officer who will decide whether to grant bail.
"This is a blank check," said Jaime Areizaga-Soto, a lawyer for the Virginia Hispanic Bar Association, claiming the inquiries could result in racial profiling by police in the form of long interrogations of Latinos.
"I believe our hard-earned taxes in Virginia should be used to protect our citizens, instead of terrorizing them," he said in the subcommittee hearing Wednesday, calling the legislation an "unfunded mandate against every community in the commonwealth."
The bill's sponsor, Del. Richard L. Anderson, R-Prince William, attempted to allay concerns. "This bill deals with what happens after a person has committed an illegal act," Anderson said. "It has nothing whatsoever to do with identifying or profiling people on the street. It applies equally to everyone no matter how they look, no matter how they talk, no matter how they walk."
Anderson said the bill was modeled after a law that went into effect in Prince William County five years ago and has led to 4,300 criminal illegal immigrants being handed over to federal authorities and a sharp drop in violent crimes.
But Alba Jaramillo, co-director of the Virginia Sexual and Domestic Violence Action Alliance, said the law could would "create a fear and distrust between law enforcement and the communities."
Del. David B. Albo, R-Fairfax, chairman of the Courts and Justice Committee, grew visibly frustrated with the testimony at times.
"This bill has absolutely nothing to do with anybody who hasn't committed a crime," he said multiple times, noting that the checks apply to everyone arrested.
"I know that it looks like it applies to everybody, but it really doesn't," said Claire Guthrie Gastanaga, a longtime lobbyist on immigration issues and a former chief deputy attorney general of Virginia.
Gastanaga noted that on minor charges, officers can choose whether to issue a summons or make an arrest based on whether they want to conduct a citizenship check.
Similar legislation, House Bill 958, sponsored by Del. Robert B. Bell, R-Albemarle, would require jail officers to make the same citizenship check regardless of whether the person is put behind bars. That, too, passed the committee on a 6-2 vote.
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