Tuesday, August 10, 2010

A Brief Summary of the Virginia Rule of Law Act by Team Stewart on July 2nd, 201

A Brief Summary of the Virginia Rule of Law Act

by Team Stewart on July 2nd, 2010

Objectives Achieved in this Draft

  • Preserves and legally strengthens vital Arizona enforcement provisions
  • Anticipates and avoids legal pitfalls in Arizona law by placing key provisions in sections upheld by 2010-7-28 federal district court ruling (Section 3B)
  • Incorporates other best practices, specifically from Oklahoma and Georgia statutes, not present in Arizona law (Section 7, Section 8 )
  • Advances new real estate property ownership provision (Section 9)

Section by Section Breakdown

Sections 1, 2, and 10: Intent, Title, and Severability

  • Sections 1 and 2 identify the Title and Intent of the Virginia Rule of Law Act
  • Section 10 establishes that if any one provision of the law were enjoined or struck down, the rest of the law would go forward

Section 3: Cooperation and assistance in enforcement of immigration laws

  • Completely invalidates any and all sanctuary policies and ordinances in Virginia (Section 3A)
  • Directs law enforcement to determine legal residency status during any lawful stop, detention, or arrest where reasonable suspicion exists that the person is an unlawfully present alien, unless such determination will hinder or obstruct a criminal investigation (Section 3B.2)
  • Completely forbids racial profiling (Section 3B.3)
  • Instructs local and state detention facilities to turn criminal illegal aliens over to ICE after their sentence is served (Section 3C)

Sections 4 and 6: Human smuggling and conspiracy to smuggle

  • Allows Commonwealth Attorneys to prosecute human smuggling and conspiracy to smuggle
  • Targets criminals who use drop houses or vehicles to knowingly transport illegal aliens

Section 5: Unlawful stopping to hire and pick up passengers for work – unlawful application or solicitation or employment

  • Prohibits roadside solicitation on public roads, right-of-ways, and sidewalks; similar to Virginia ordinance adopted by Prince William County July 27, 2010. Prince William County is the first and only locality to do this since July 1 when the Virginia statute became active. This provision would mandate it for the entire Commonwealth. (Sec. 5A)
  • Adds private property to the solicitation ban at property owners' request (Sec. 5B)
  • Prohibits illegal aliens from seeking work at day labor sites (Sec. 5C)

Section 7: Money and wire transmission fee – income tax credit enforcement

  • Modeled after successful Oklahoma law
  • Collects $5 fee for wire transmissions up to $500 and 1% thereafter
  • Remits that fee as a state income tax credit
  • This discourages international remittances, allows the Commonwealth to collect otherwise unpaid taxes, and places no fiscal burden on any law abiding legally present person.

Section 8: Unlawful registration of a motor vehicle

  • Modeled after Georgia statute
  • Prohibits registration of an automobile in the name of an illegal alien

Section 9: Unlawful acquisition or use of real estate by illegal alien

  • Makes it illegal for an illegal alien to rent or own real estate
  • Does not place a burden on real estate agents
 
Carl Ray Louk

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