Illegal aliens; fraudulently assisting, penalty. (HB1689)
Introduced By
Del. Bob Tata (R-Virginia Beach)
Progress
✓ |
Introduced |
✗ |
Passed Committee |
☐ |
Passed House |
☐ |
Passed Senate |
☐ |
Signed by Governor |
☐ |
Became Law |
Description
Fraudulently assisting illegal aliens; penalty. Provides that any person who knows an individual is an alien in the United States unlawfully and who, with the intent to violate the immigration laws of the United States, fraudulently assists the illegal alien in acquiring or attempting to acquire a benefit, service, status, or privilege to which the illegal alien is not lawfully entitled, is guilty of a Class 1 misdemeanor. Read the Bill »
Outcome
Bill Has Failed
History
| Date | Action |
|---|---|
| 12/31/2008 | Committee |
| 12/31/2008 | Prefiled and ordered printed; offered 01/14/09 098177748 |
| 12/31/2008 | Referred to Committee for Courts of Justice |
| 01/16/2009 | Assigned Courts sub: Criminal |
| 01/19/2009 | Impact statement from DPB (HB1689) |
| 01/19/2009 | Subcommittee recommends striking from the docket by voice vote |
| 01/21/2009 | Stricken from docket by Courts of Justice |
Comments
The patron has asked that this bill be stricken from the docket. The criminal law subcommittee of the House Courts of Justice Committee has recommended that it be stricken as requested. Unfortunately, the patron's reasons for doing this have to do with the fact that Delegate Gilbert has introduced a budget amendment that he says will address this issue. It is unfortunate that Delegate Gilbert and others seek to use the budget process to pass substantive legislation that would otherwise not get through the committee process where public comment is heard and voting is public.
The Virginia Interfaith Center does not support this bill. People without documentation are already not eligible to receive these benefits.
Does anyone know the evil at which this bill is directed? Who would be prosecuted under this statute?
This bill appears to be targeted at faith groups and other nonprofits who assist the poor; it would require that these groups go through lengthy (and generally inaccurate) procedures to determine the immigration status of persons who need help, and would certainly increase the likelihood that these programs would cease their work, under threat of prosecution. It would apply to all groups who use Food Bank resources. The "attempting to acquire" phrase means that it would even be doubtful that a group could go through the process to check someone's documents, without violating the law. Arguably, this wording requires self-incrimination and is a violation of the 5th Amendment. (Carrying out the law involves violation of the law.)
What form of this is attached to the budget bill by Delegate Gilbert?