Is Repression Coming to Virginia?

When a stranger resides with you in your land, you shall not wrong him. The stranger that resides with you shall be to you as one of your citizens; you shall love him as yourself . . . I am the Lord your God.
Leviticus 19:33-34

I was distressed to see that the anti-Hispanic legislative package being pushed by the “help-save” groups* in the General Assembly is moving forward. House Bill 14, sponsored by Republican Christopher Peace, which provides that:

“an alien who is unlawfully present in the United States shall not be eligible for admission to any public institution of higher education in Virginia,”

easily passed the House of Delegates today.

HB 14 is just one of myriad bills introduced in the General Assembly (mainly in the House of Delegates) designed to make Virginia very inhospitable both to undocumented aliens and to non-English speakers. Aside from barring undocumented aliens from Virginia colleges and universities, the “help-save” sponsored legislation would 1- require a photo ID in order to vote; 2-create a state fine for occupying a residence with more people than allowed by local ordinance; 3- provide that someone caught driving without a license would be arrested and fingerprinted and would have his/her vehicle confiscated; 4- deny bail to undocumented aliens in certain cases; 5- make it an “unfair labor practice” to hire undocumented aliens; 6- ban state contractors from hiring these aliens; 7- grant immunity to Commonwealth law enforcement officers attempting to enforce federal immigration laws; 8- require the governor to enter into an agreement with the Federal Government allowing Virginia to enforce immigration laws; 9- require that non-English-speaking defendants pay for the cost of a translator if they are convicted; 10- require Virginia correctional institutions to obtain, maintain and share data on the immigration status of all inmates; 11- prohibit localities in the Commonwealth from providing any public benefits to persons who are not citizens or otherwise legally in the United States; 12- prohibit state or local agencies from providing information in any language other than English (with some exceptions); 13- require that both written and driving tests for drivers be conducted exclusively in English; 14- provide that employees may be fired with restricted eligibility for unemployment compensation if they speak a language other than English in violation of employer policy.

If you ask me friends, this rather unfriendly treatment of some of our residents is kind of strange for a state that may adopt as its new state song a ditty with the following words:

We hold this truth self-evident: All men are equal!
This gift you gave, Mother of Presidents, it lights our way!
It's our heritage, our charge to keep, for we are proud to be:
In Virginia! Our Virginia! The cradle of our liberty!

Now, before I go any further, let me respond to the comments that will inevitably be posted when I publish this peace—What part of “illegal” don’t you understand? Well, dear reader, after three years in law school and more than thirty years practicing law I do understand the word “illegal.” However, the sloganeers don’t understand that the mere fact that a person’s behavior is illegal does not mean we can subject them to whatever indignities we choose. Hey, every day I see scores of “illegals”—persons who are driving their motor vehicles at excessive speed on our highways. I also see many people pedaling their bikes across the nearby Boulevard Bridge despite a sign saying “bicycle riding on this bridge is prohibited by law.” Does anybody suggest that these illegals be denied education, jobs, public benefits, places to live, and many other basic human amenities? Why is it that your obsession with making law violators unwelcome in Virginia applies only to those who violate section 1325 of title 8 of the United States Code? Let’s face it, the restrictions and deprivations that the proposed legislation would place on undocumented aliens are far in excess of what we do for convicted felons when they are released from jail. This proposed legislation constitutes the equivalent of the Nuremburg laws for undocumented aliens and residents who speak languages other than English.

Although the Constitution is silent on the question of immigration it does grant to the United States Congress exclusive jurisdiction over naturalization of citizens. Article I, section 8, clause 4 of the Constitution states that the Congress shall have the power to “establish a uniform rule of naturalization . . .” In 1817, the Supreme Court in Chirac v. Lessee of Chirac ruled that “the power of naturalization is exclusively in congress,” regardless of any state laws to the contrary. Since it makes as little sense to have a country with fifty state laws on immigration as it does to have fifty state laws on naturalization, the Congress has exercised the power to legislate in this area. Congressional laws on immigration are contained in Chapter 12 of Title 8 of the United States Code.

To enforce the immigration laws the Congress has provided that

Any alien who
(1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or
(2) eludes examination or inspection by immigration officers, or
(3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined under title 18 or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than 2 years, or both.

8 U.S.C. 1325(a). This section also provides for civil penalties for these aliens in addition to the criminal fines. The Congress has also provided statutory penalties for those who help undocumented aliens enter the country and those who employ undocumented aliens. The law further provides for systems for determining whether aliens are lawfully in the country. Finally, in addition to the criminal and civil penalty provisions, the law provides:

Any alien who is present in the United States in violation of this chapter or any other law of the United States, or whose nonimmigrant visa (or other documentation authorizing admission into the United States as a nonimmigrant) has been revoked under section 1201(i) of this title, is deportable.

8 U.S.C. 1227(a)(1)(b).

The Congress cannot enforce the immigration laws. Only the president under his constitutional duty to “take Care that the Laws be faithfully executed,” can enforce these laws. If there is a serious immigration problem in this country there are two possible reasons; either the laws are inadequate or the president (through the agencies of his administration) has not adequately enforced them. The solutions to the problem are either to amend the immigration laws to make them tougher or to insist that the president do his job. Both of these solutions are within the purview of the Federal Government, not the government of the Commonwealth.

As an attorney, I am committed to the rule of law. I strongly believe that, if the legislature, whether federal, state or municipal, enacts a law. it is the duty of the executive in that jurisdiction to enforce that law. When even minor laws go unenforced the citizens develop contempt for the law. This just leads to more lawlessness.

Assuming for a second that their motivation is genuine, not political or racist, the “help-save” groups have despaired of the federal government solving the immigration problem. They have decided that the General Assembly can solve the immigration problem in Virginia by making living in Virginia so tough for undocumented aliens that they will leave and go elsewhere. The “help-save” people don’t care whether the aliens leave the country or move to North Carolina or West Virginia. What is crucial is that they not live “in my neighborhood.”

Regardless of their motivation, we must reject the “help-save” approach. First they are advocating that the General Assembly usurp the power of the Federal Government by adding penalties to the violation of federal law beyond those specified by the Congress. Second the range of the “help-save” proposals is so wide as to trample on the rights of United States citizens and lawful aliens. Third, the “help-save” proposals would remove from undocumented aliens such basic human rights as a place to live, the right to work, and education. Using the “help-save” approach to solving the undocumented alien problem is sort of like using a howitzer to eliminate the pesky squirrel in your backyard. Sure the varmint is gonna be dead but there’s also gonna be a whole lot of collateral damage.

You need to know that several of my friends have told me that my position on this immigration issue is too liberal. I have been told that having so many undocumented aliens in the Commonwealth creates serious problems. I have been told that “they” take services from our state and local government without paying taxes. STOP! Do not undocumented aliens buy bread at the local store and pay sales tax? Do not undocumented aliens abide in homes, either purchased or rented, and thus pay real estate taxes either directly or as a part of their rent. Do not the employers of undocumented aliens withhold federal and state income taxes from their pay? (If the answer to this one is no, it’s a lot more than the immigration laws that these employers are violating.)

Loyal reader, you must know that this maven does not consider “liberal” to be a curse word. To me, liberalism is the way set out for us by the Bible. The Bible I read commands, “Justice, justice you shall pursue . . .” Deuteronomy 16:20. The God I worship tells me to be on the side of the widow and the orphan (Exodus 22:21) because they were the ones in biblical society who had no rights or protectors. Likewise, I must be on the side of those in our society today who are oppressed and have no protectors. When I see injustice in our society, I am compelled to speak about it. If that is being too liberal, than I stand convicted.

Let me make this clear one more time. I am not in favor of people entering our country in violation of our laws. People who attempt to enter our country unlawfully need to be stopped and punished under the current provisions of federal law. The Federal Government must take action to deal with those already in our country illegally. But, I simply cannot accept the vindictive, repressive measures proposed by the “help-save” people to rid our Commonwealth of those who they consider unwelcome in their communities.


* See my entry “Something is Rotten in The Old Dominion” on December 23, 2007

Something Is Rotten In The Old Dominion

I humbly apologize. I have a responsibility to keep you informed on critical issues and I let you down. Although I touched briefly on an alarming development in the Commonwealth in my “Shame” posts about the election campaign of soon-to-be Delegate Manoli Loupassi, as soon as the election was over I dropped the ball. Then I read an article in today’s (December 23) Washington Post that announced the formation of “Save the Old Dominion,” a new umbrella group organized to lobby our General Assembly to enact legislation to further marginalize illegal aliens in Virginia. What a burst to the Christmas spirit of good will toward man. Save the Old Dominion, and its rival Help Save Virginia (along with such local groups as Help Save Manasssas, Help Save Fairfax, Help Save Loudon, Help Save Hampton Roads, Help Protect Culpeper and Save Stafford) are making it clear that Christian love this season only applies to citizens and those who are in this country with permission.

All these “help save” groups have me wondering. Just what do Virginia, the Old Dominion and all the localities need to be saved from? What exactly is the terrible danger to peace, justice and the American way? I know that we have been in dire straights before. During the American Revolution, British troops invaded Virginia, occupied Richmond, and chased Governor Jefferson beyond Charlottesville. Those were dark days; everybody suffered; but we survived. During the 1860s, either because of a rash decision to secede from the Union or, if you prefer, because of a northern invasion, our fair Commonwealth was devastated. Those were even darker days; thousands died; our economic infrastructure was destroyed; but we survived. What is the calamity that faces Virginia now in the 21st Century? It must be terribly grave to cause this outburst of savior groups.

Here it is friends: We’ve been invaded by “them”—illegal aliens. And, they’re much more dangerous than were either the British or Yankee armies. We knew who the British were; they were dressed in red. We knew who the Yankees were; they were dressed in blue. How do you identify this new enemy? Because they have no army, they wear no uniforms. They could even be living right on your block and you wouldn’t know it. Fortunately, there is one tell-tale sign that enables us to identify them—the vast majority of them speak Spanish.

What exactly is it that “them” has done that makes them so dangerous? They may have violated section 1325 of title 8 of the United States Code by entering into the country at a time or place other than that designated by immigrations offers or by eluding examination or inspection by immigrations officers. (I say “may” because in our jurisprudence we have this inconvenient presumption that those accused of crime are presumed innocent until proven guilty). The Congress has shown how serious it considers this crime by designating a penalty of a fine and/or imprisonment of up to six months for a first offense. First time offenders are also subject to a civil penalty of between fifty and two hundred fifty dollars for each violation. In addition, of course, offenders are subject to deportation.

The crime of which our new “enemy” may be guilty is not exactly in the category of murder or rape or marketing drugs or espionage or treason or stuff like that. They have simply crossed our border without permission. Don’t get me wrong, I do not condone violation of the law. If our legislature, whether the Congress, the General Assembly or the Richmond City Council, prohibits certain behavior I expect the law to be enforced. When people “get away” with violating the law, the law is held in disrespect, which is very dangerous for our society. On the other hand we have to keep this illegal alien thing in perspective. Aliens who have entered our country illegally are not, for the most part, dangerous felons.

I have no objection to a group of people who press for enforcement of the federal law. I don’t even object to a group that lobbies, fairly, for legislation that its members believe will benefit all the residents of Virginia. However, the “help save” groups go dangerously far in their crusade to purge the Old Dominion of illegal aliens. Let’s start with their names. Just by using “Save Virginia” or “Save the Old Dominion” (or any of the other saves) these groups are strongly suggesting that civilized society is seriously jeopardized by the mere presence of illegal aliens. You don’t need to save something unless it is seriously threatened with destruction. Thus, the savior groups are making clear their belief that illegal aliens are a real menace that must be stopped.

Further, the language the “help save” groups use is inflammatory. It tends to build strong anger not only against illegal aliens but against all Spanish speakers. I quote to you from the December issue of “The Front Line,” the publication of Help Save Manassas (Parental discretion is advised):

“Through a misguided attempt to promote multi-cultural awareness, our wonderful American traditions now find themselves under assault. Recently, we witnessed such an assault right here in Manassas at the annual Christmas parade. Do your fond memories of childhood include having someone dressed up as the devil in a Mexican dance troupe lunge out and frighten you? Probably not. Do you remember seeing the Mexican Flag displayed during a parade, promoting the tribalism of national origin over the unity of our American heritage? Seeing the devil marching in a Christmas parade is bizarre enough. But injecting a Mexican harvest ritual into Manassas’ sixty-two-year-old, all-American, traditional celebration of the Christmas season, represents a not-so-subtle attempt to introduce a political agenda. This so-called diversity, which the few seek to impose on the many, is in reality a dis-unifying deed. It can lead nowhere but to tribalism, a Balkanization of our community and nation, where we no longer share a common heritage, but are simply members of various tribes, briefly coming together to compete for America’s bounty.
* * * *
“Will we defend our culture from those who seek to change it to suit the needs of the ‘tribe of the week?’ If not, we risk losing those traditions that bind us together as a community and as Americans. If we reach the point where being American is redefined and reduced into the meaningless oblivion of being a ‘world citizen,’ we will soon find ourselves wandering down the broken road which other nations have already traveled, squandering their unifying, commonly shared values and beliefs. At the end of that road, only civil strife and death await us.

“We are obliged to defend our embattled culture before we inexorably veer off onto that destructive path. But we fight on many fronts. Whether our battle is combating the ‘press one for English’ insanity, or preventing the pollution of our longstanding cultural traditions with pagan harvest rituals from Mexico in our Christmas celebrations, we must engage in the struggle.”

Another article in “The Front Line” reads,

Unfortunately, the illegal alien problem is dramatically diminishing the stability and security of the American neighborhood. Numerous homes once occupied by “known quantities,” fellow Americans we knew or could at least identify with on many levels, are now being re-placed en masse by foreigners, many of whom are here illegally. The quaint rambler next door once owned by Mr. and Mrs. Smith may now be bursting at the seams with day laborers or multiple families of questionable legal status. In many cases, the occupants do not even speak our native language. Who are they? Do they have a criminal record? Could there be sex offenders among them? Are they all here to work or are some escaping the law of their ‘home countries? We can no longer be sure, and our needed sense of security fades.

The Front Line” is filled with photographs supposedly showing how the undesirables have ruined countless neighborhoods by their intolerable life styles. The message is clear, if we don’t get rid of this scum, your house will be next.

In my November 3 post I stated, “Marginalizing people leads to considering them less than human. This can lead eventually to such nice things as internment camps and even genocide.” Yesterday I warned about the dangers of our inborn xenophobia that can lead any of us to carry out terrible actions against “the other” to protect “us.” Unfortunately, the hate preached by Help Save Manassas creates the potential for violence against those they declare to be undesirable.

Oh, come on, maven! You are exaggerating. This is a good Christian country and no matter what rhetoric is used we’re not going to do terrible things to people even if they are not part of “us”. In the words of Sinclair Lewis, “It Can’t Happen Here.”

How foolish of me. What was I thinking? Clearly we are not the people who kept African Americans in a state of bondage for nearly two hundred fifty years. We are also not the people who waged over two hundred years of genocidal war against the American Indians. Certainly, we are not the people who expelled American citizens of Japanese ancestry from their homes and kept them in concentration camps during World War II. We are Americans; we would NEVER treat our fellow humans so badly.

Hate is contagious. Once it spreads in a community, that community is in danger of breaking down. Today it’s the “help save” groups preaching hate against illegal aliens. Tomorrow the hate may be directed at others. The continued success of our Commonwealth requires that we not only tolerate but accept our differences. People like those who write “The Front Line” threaten the domestic tranquility of the Old Dominion. We cannot allow them to prevail.

Undocumented Aliens and Loupassi’s Ad

A sloganeer submitted a comment to my post “Shame On You, Manoli (revisited)”. Don’t get me wrong, I have nothing against sloganeers. In fact I have been known to be a sloganeer myself, and I think I am quite good at it. Sometimes, however, slogans are not the best way of addressing issues. For example, my commenter began with “What part of the phrase ‘Illegal Alien’ don’t you understand?” Now that’s a pretty good slogan, but it doesn’t begin to address the complexities of the issue. The commentator, Anonymous, goes on to say he has nothing against aliens in general. He is bothered that the first act these particular aliens did on coming to America was breaking the law.

Anonymous is right. In fact, as these undocumented aliens were in the process of stepping across the border of our country they were violating Section 1325 of Title 8 of the United States Code. For violating this statute they can be prosecuted and if convicted they may spend some time in prison or pay a fine. They may also be deported from the United States.

So, this attorney turned maven certainly understands the phrase “illegal alien.” Moreover, as an attorney I am greatly bothered by laws that are not enforced. When any laws are routinely violated without consequences the commitment of our citizenry to obeying the law is weakened. Our country learned this lesson when we tried to outlaw alcohol about eighty years ago. By making booze illegal we created an entire class of “illegal drinkers” and a vast criminal enterprise to serve their needs. Tragically, we have not yet learned this lesson with regard to outlawing drugs.

Since the Federal Government has made entering our country “other than as designated by immigration officers” illegal, the Federal Government has an obligation to enforce that law. However, since there are many millions of individuals who have violated this law, the logistics of enforcement are mind-boggling. Understanding this, President Bush proposed a reasonable way to solve the illegal alien problem. (You may want to save that sentence. It is and will probably be the only time that I praise W). However, there are far too many politicians in this country who would rather use this problem as an election issue than trying to solve it. So, this problem goes on unresolved.

What Mr. Anonymous does not realize is that I did not criticize Mr. Loupassi for his views on the illegal alien problem. I criticized him for running an ad that naturally has the effect of dehumanizing people. I criticized him for engaging in hate-based politics. I criticized him for being a divider rather than a uniter. I criticized him for scape-goating. In sum, I criticized Mr. Loupassi for having such a low opinion of the intelligence of the voters in his district that he thought such negative campaigning would work.

Shame on You, Manoli (Revisited)

Well, this maven was wrong (in part) in my posting Thursday. And as my motto indicates, I am not afraid of being wrong and admitting it. In my post, I lambasted 68th district House of Delegates candidate Manoli Loupassi for his television ad. I said that at worst the ad was a lie and at best it was a distortion. After further consideration I must conclude that the ad is a distortion not a lie.

I am getting older. Sometimes I see and hear things strangely. Thursday I said that Mr. Loupassi’s ad criticized Delegate Katherine Waddell for having voted against a bill that would make undocumented aliens ineligible for in-state tuition rates at the Commonwealth’s public colleges and universities. As I pointed out in my post, Ms. Waddell voted in favor of that legislation. Thursday night I saw the ad again. Now I see that the ad criticizes Ms. Waddell for opposing a different bill, a year earlier, that totally bars undocumented aliens from our institutions of higher learning. I went back to the General Assembly’s Legislative Information Service and discovered that in 2006 Delegate Waddell did vote against House Bill 262 that made undocumented aliens ineligible to be admitted to Virginia’s public colleges and universities. Since Mr. Loupassi’s ad does not indicate that in the next year Delegate Waddell voted in favor of withholding in-state tuition rates from undocumented aliens, I view the ad as a distortion of Ms. Waddell’s record. I apologize for calling Mr. Loupassi a liar.

Confession should make me feel better, but I don’t. I still find myself very angry with Mr. Loupassi’s ad. I feel almost as angry as I did two years ago when I saw Jerry Kill-more’s capital punishment ads against Tim Kaine.

I am sure that this statement does not apply to all Republicans, but I see many of the GOP’s candidates running campaigns that appeal to the basest of human instincts. Just two weeks ago I was up in northern Virginia and saw a mega-sign for a candidate for chairman of the Prince William County Board of Supervisors that read (I paraphrase) “He knows how to handle illegal aliens.” Now, it’s Manoli Loupassi that is trying to ride to office on the backs of undocumented aliens. I abhor this type of us-them politics. It triggers our inborn xenophobia and makes us fear and hate “the other”—those who have entered this country illegally. What is worse is that most of these illegal aliens speak Spanish. The stigma that is attached to them by this hate-based politics naturally transfers to all Spanish speakers. When we hear construction workers or the people behind us in the check-out line speaking Spanish we start wondering whether they are here legally.

Yes, illegal aliens are in this country without permission. Yes, illegal aliens have broken the law. But, they are not murderers or rapists or child predators. Their crime is that they came into this country to earn money because they are unable to do so in their home country. Things are so bad where they come from that they are willing to risk their lives in the often perilous journey across our borders. And, let’s not forget that they serve a very useful purpose in this country. They work at jobs for low pay that few other people would do. Without them in our economy the prices of much that we buy would increase drastically.

Mr. Loupassi and his fellow Republicans need to realize that these aliens are human beings. They are not vermin that need to be eliminated. Mr. Loupassi must understand that his ad creates animosity against these aliens. The words of the ad that speak of these “undesirables” taking the places of good American children in our colleges and universities can have no other purpose than to marginalize people. Marginalizing people leads to considering them less than human. This can lead eventually to such nice things as internment camps and even genocide.

Mr. Loupassi, my grandparents came to this country just before the First World War They answered the call of the Statue of Liberty to “Give me your tired, your poor, your huddled masses yearning to breathe free.” I am therefore an immigrant. I assume that your ancestors came to this country at some time after the settlement of Jamestown and that you are also an immigrant. Manoli, if your ancestors were like mine they were not treated very well when they arrived here. They dressed strangely, they spoke foreign languages, they were different. They were considered undesirable by all the true Americans—those who had come here a few years earlier. Since we know what it is like to be the “other” we should be the last to cast aspersions on today’s others. In the words of Scripture, we must “love [the stranger] as yourself” (Leviticus 19:34)

Why do candidates rely on this type of extreme negative campaigning? Because they are told by the professional political salesmen that they have hired that it works. If Mr. Loupassi is elected on Tuesday, I fear that we will have more of this nasty campaigning in the future. If residents of the 68th District deplore this type of politics as much as I do they must show the political professionals that it does not work. They must vote for the reelection of Delegate Waddell.

Shame on You, Manoli

I guess this is what happens when a candidate has too much money to spend. I just saw the latest of Manoli Loupossi’s political ads, and it makes me mad. Manoli gets on at the end and says he approved of the ad, so the buck stops with him. The ad criticizes incumbent Delegate Katherine Waddell for voting against legislation that would make aliens not legally in the country ineligible for in-state tuition rates at Virginia colleges and universities. The ad stirs up animosity against Ms. Waddell with the conclusion that she wants to give away commonwealth revenue to illegal aliens.

Shame on you, Manoli, you should know better.

House Bill 2623 is described by the Legislative Information Service as follows:
In-state tuition for aliens. Provides that an alien who is unlawfully present in the United States, and therefore ineligible to establish domicile pursuant to § 23-7.4, shall not be eligible on the basis of residency within Virginia for any postsecondary educational benefit, including in-state tuition, unless citizens or nationals of the United States are eligible for such benefits in no less an amount, duration, and scope without regard to whether such citizens or nationals are Virginia residents.
The LIS indicates that this bill passed the House of Delegates on February 1, 2007, by a vote of 74 to 23. Voting in favor of the bill was Delegate Waddell.

So, Manoli, the ad, which you approved, is a distortion at best and a lie at worst. I think that running an ad like this shows that you would do anything to get elected. Although I do not live in your district, I will have to endorse the candidacy for reelection of Ms. Waddell. If your campaign represents the type of delegate you will be, I hope that the voters in the 68th district reject your candidacy.