Illegals have time to fight
Lawsuit could hold up Prince William's denial of services
Thursday, Oct 18, 2007 - 12:09 AM
By KIRAN KRISHNAMURTHY
TIMES-DISPATCH STAFF WRITER
Measures targeting illegal immigrants in Prince William County might not be implemented right away if plaintiffs in a federal lawsuit challenging the actions seek a temporary court order, legal observers say.
After some 400 people spoke during a 12-hour public comment period that lasted until 2:30 a.m. yesterday, the county Board of Supervisors unanimously approved a resolution that would deny some county services to illegal immigrants. The restricted services would include business licenses, drug counseling, housing assistance and some help for the elderly.
The supervisors also gave police startup funding to help them check the immigration status of anyone accused of breaking a law if an officer suspects the person is an illegal immigrant.
Legal analysts said other local governments across the state that have started down the same path as Prince William can also expect to be sued if they decide to take steps that restrict services to undocumented residents or require police to check an individual's legal status.
"Other localities in Virginia would be wise to see how the courts rule on the Prince William County resolution before becoming embroiled in their own costly and time-consuming legal battles," said Kent Willis, executive director of the American Civil Liberties Union's chapter in Virginia.
Prince William Board Chairman Corey A. Stewart said yesterday that he hopes the measures can be put into practice by the end of the year.
Carl Tobias, a University of Richmond law professor, said he would expect the plaintiffs suing Prince William to seek a temporary injunction in the federal lawsuit, leaving in place the status quo until a judge rules in the case.
The plaintiffs have not requested a preliminary injunction so far, but Tobias said they may have been waiting until county supervisors approved the resolution or to see how it is implemented.
"Some of that is a little abstract until someone is stopped by police or denied services," he said.
Cesar Perales, president of the Puerto Rican Legal Defense and Education Fund, which filed the lawsuit last week, said yesterday that he did not want to reveal legal strategy by divulging whether the group would seek a temporary injunction. But he also noted that the U.S. District Court in Alexandria, where the lawsuit was filed, is known for quickly taking up cases.
Another group of Latino plaintiffs also filed a lawsuit in the same federal court Tuesday against Manassas and the city's School Board, alleging harassment during late 2005 when the Manassas City Council was considering zoning changes that some council members had said were meant to address illegal immigration.
The council quickly rescinded the housing ordinance after the ACLU threatened to sue, but the measure still is being investigated by the U.S. Department of Justice and the federal Department of Housing and Urban Development.
Marcel Slag, managing attorney in the Legal Aid Justice Center's Richmond office, said yesterday that courts have ruled that immigration is a federal issue and that local efforts serve only to divide communities.
"It doesn't only hurt the illegal immigrants. It hurts the legal immigrants, it hurts the businesses, it hurts the community as a whole," he said. "It's awful for anywhere in the commonwealth to have these outrageous restrictions criminalizing people coming here to fill a big need economically."
Still, Greg Letiecq, president of Help Save Manassas, predicted that the threat of lawsuits will not diminish the passions of his group and others pushing to rid their communities of illegal immigrants.
"The illegal alien lobby is grasping at straws," he said.
Letiecq said he expects proposals in the coming General Assembly session that would require government contractors to verify the legal status of workers and that would limit the number of adults living in a single-family home based on the square footage of bedrooms.
Efforts in the state legislature to address illegal immigration have largely faltered so far.
"The fight, in a lot of ways, focuses in Richmond now," Letiecq said yesterday.
Already, about 20 localities from various regions of the state have expressed interest in forming a coalition to address illegal immigration in Virginia or have asked to be kept apprised of the group's progress.
The Culpeper County Board of Supervisors invited localities to form a coalition at the urging of Culpeper Town Councilman Steve Jenkins, who has pushed for more than a year to curb the presence of illegal immigrants in the community in the foothills of the Blue Ridge Mountains.
Interested localities from the Richmond area include the counties of Chesterfield, Dinwiddie, and King and Queen. Contact Kiran Krishnamurthy at (540) 371-4792 or kkrishnamurthy@timesdispatch.com
