Security and Immigration Compliance Act; public bodies, etc. who intend to contract to register,etc. (HB2826)

Introduced By

Del. Todd Gilbert (R-Woodstock)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Virginia Security and Immigration Compliance Act.  Requires all public bodies and contractors who intend to contract with public bodies to register and participate in a federal work authorization program to verify information on all new employees. "Federal work authorization program" is defined as any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees pursuant to the Immigration Reform and Control Act of 1986.  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.  This manner of extortion shall be punishable as a Class 5 felony.  The bill requires that a law-enforcement officer report to the United States Immigration and Customs Enforcement Agency a person whom (i) he has arrested for a felony or for DUI and (ii) he has probable cause to believe is in the United States illegally.  This bill also provides regulations for those who provide immigration assistance services.  This includes all people who complete government agency forms, transcribe responses to government agency forms, translate information on government agency forms and translate responses to questions posed on the forms, secure supporting documents that may need to be submitted with government agency forms, translate documents from a foreign language into English, notarize signatures, make referrals to immigration attorneys, prepare photographs and fingerprinting, arrange for medical testing, and conduct English language and civics courses.  This section does not apply to attorneys, law clerks, or those people certified to assist immigrants by the United States Board of Immigration Appeals.  It also states that those providing services must clearly state in English and other languages that they are not attorneys and may not give legal advice or accept fees for legal advice.  This section also regulates advertisements placed by providers of immigration services.  It states that no person who provides immigration services who is not exempted under the section shall accept payment in exchange for providing legal advice, refuse to return documents supplied by, prepared on behalf of, or paid for by the customer, represent or advertise titles or credentials, or make any false statements to induce patronage.  Any person who violates any provisions of the section is guilty of a Class 2 misdemeanor for a first offense and a Class 1 misdemeanor for a second or subsequent offense committed within five years of a previous conviction under this section.  Finally, 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 documents indicating that they are legally eligible for employment 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. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/10/2007Committee
01/10/2007Prefiled and ordered printed; offered 01/10/07 074404306
01/10/2007Referred to Committee on General Laws
01/12/2007Impact statement from VCSC (HB2826)
01/16/2007Assigned GL sub: #3 ABC/Gaming (Gear)
01/18/2007Referred to Committee for Courts of Justice
01/31/2007Impact statement from DPB (HB2826)
02/01/2007Impact statement from City of Newport News (HB2826)
02/06/2007Left in Courts of Justice