Virginia to Deny Illegals Benefits

Source: THE WASHINGTON TIMES http://washingtontimes.com/  http://washingtontimes.com/metro/20050222-104341-3112r.htm
By Christina Bellantoni

The House voted 81-17 to approve the bill, which applies only to aliens 19 and older. The Senate, which usually rejects legislation that restricts benefits to illegal aliens, approved the bill on a 27-11 vote.

The bill now heads to Gov. Mark Warner, a Democrat, who could not be reached for comment yesterday. Warner spokeswoman Ellen Qualls said the bills are "under review," but did not offer further comment.

Since becoming governor in 2002, Mr. Warner has vetoed legislation that would have required illegal aliens to pay out-of-state tuition at state universities and approved a measure that requires foreign nationals to prove they are in the United States legally before obtaining a driver's license.

Delegate David B. Albo, who sponsored the House version of the bill, said yesterday that there is no estimate of how much money will be saved on Medicaid because there is no system that tracks how many illegal aliens receive the benefits.

Lynda S. Zengerle, a lawyer who heads the immigration practice in the international group at the D.C.-based law firm of Steptoe & Johnson, said if the measure saves the state money, it "may be the right thing to do."

However, Ms. Zengerle, who represents corporations, immigrants and those seeking asylum, was skeptical about the savings.

"You may be doing more harm than good by denying benefits to people who wouldn't be able to afford them otherwise," she said.

The bills would require people to prove their legal presence to local or state officials when requesting benefits. The documents that can be used to prove legal presence would match those required to obtain a driver's license under the law passed by the General Assembly several years ago.

"These bills honor legal immigrants who wait in line and follow all the rules," said Mr. Albo, Fairfax County Republican. "This bill could have been harsher, but it exempts people who are younger than 19 to make sure they are not punished because of the fact that their parents dragged them to this country."

Mr. Albo said government workers now do not require verification of legal presence when giving out benefits.

"No one checks," he said.

Under Mr. Albo's bill, illegal aliens of any age still will be able to receive emergency aid, such as immunizations and pregnancy tests, he said.

Several Democrats opposed the measure, saying they thought it was too vague and could hurt those seeking refuge or those awaiting notification of their immigration status.

Delegate Brian J. Moran said he opposed the measure because it could be costly and burdensome for state workers to verify whether they are helping aliens. He said he hopes the "no" votes cast would get the governor's attention.

"All we're doing is placing an unnecessary and substantial burden on legal United States citizens, our constituents," said Mr. Moran, Alexandria Democrat. "Maybe if it receives enough red lights this will receive the scrutiny it deserves when it arrives" at the governor's office.

Meanwhile, the Senate passed a similar bill with little debate. The Senate has been known to kill legislation that denies illegal aliens access to social services. Earlier this year, a Senate committee rejected a bill that would have barred illegal aliens from attending state colleges.

Sen. Emmett W. Hanger Jr., Augusta County Republican, who sponsored the Senate version of the bill, said the benefits measure will help improve homeland security.

  "It's a legitimate concern that there are illegals in Virginia in reasonably large numbers, and they are able to utilize taxpayer services because we don't verify as often as we should," he said.

The American Civil Liberties Union of Virginia opposes the measure and will ask Mr. Warner to veto the bills.

"It's part of the anti-immigrant trend in Virginia, fitting in squarely with all the other bills that look to reduce the rights of immigrants," said Kent Willis, executive director of the Virginia's ACLU. "This bill affects gainfully employed immigrants, and if they are doing the job, they should enjoy the same benefits."