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Arizona, Virginia Address Illegal Immigration as Feds Continue to Look the Other Way
With the federal government’s persistent refusal to enforce immigration laws, state legislatures across the country continue to address the issue of illegal immigration on their own. Last week, the Virginia House of Delegates and the Arizona State Senate both passed enforcement-oriented legislation.
On Monday, February 15, the Arizona State Senate passed Senate Bill (SB) 1070 by a vote of 17 to 13. (Vote Results). Entitled the “Support Our Law Enforcement and Safe Neighborhoods Act,” SB 1070 would prohibit Arizona police departments from adopting sanctuary policies that prevent officers from asking individuals about their immigration status. SB 1070 would also establish a new state trespassing statute that would make it illegal for any person to be present on any public or private land in Arizona in violation of federal immigration law. (SB 1070; For more on SB 1070, see East Valley Tribune, February 15, 2010). In addition, the Arizona Senate passed another bill, SB 1027, which would require the state’s Department of Public Safety to “seek grants to implement a one-year pilot program that would use seismic sensors to monitor rural airport runways and other rural areas of [Arizona] where illegal drug traffic and illegal alien traffic or human smuggling are likely to occur.” (SB 1027). Both bills have been sent to the Arizona House for further action. (See Bill Status Overviews for SB 1070 and SB 1027). The legislative prospects for the bills are unclear at this point. While SB 1070 has drawn support from the Phoenix Law Enforcement Association and the Arizona Police Association, a similar bill stalled in the Arizona House during the last legislative session after passing through the Senate. (The Arizona Republic, January 21, 2010; KSWT, January 20, 2010).
One day after the action in the Arizona Senate, the Virginia House of Delegates overwhelmingly approved House Bill (HB) 737 by a vote of 82 to 13. (Vote Results). Originally, HB 737 would have required all state agencies, local governments, public contractors, and employers with 15 or more employees to enroll in E-Verify. (HB 737 – Text as Introduced). However, after intense lobbying by big business special interest groups, the House of Delegates passed a pared-down version of the legislation that would require only state agencies and local governments to enroll in E-Verify. (HB 737 – Text as Passed by House). Under the bill, government agencies would be required to enroll in E-Verify before December 1, 2010 and subsequently use E-Verify for each newly hired employee who is to perform work within the state of Virginia. (Id.). The bill has now moved to the Virginia Senate, where it has been referred to the Senate Committee on Commerce and Labor. (Bill Tracking). The bill has now moved to the Virginia Senate, where it has been referred to the Senate Committee on Commerce and Labor. (Bill Tracking). While it is unclear as to when or if HB 737 will move in the Virginia Senate, it may receive support from recently sworn-in Governor Bob McDonnell. McDonnell campaigned on strengthening immigration enforcement, particularly with respect to statewide participation in the 287(g) program. (See FAIR’s Legislative Update, November 9, 2009).