County faces obstacles enforcing illegal immigration
Study shows direct and indirect costs of $2.1 million last year
By Greg Pearson STAFF WRITER

Spanish signage is becoming a more common sight as the county's Hispanic population continues to grow.

Illegal immigrants cost Chesterfield County at least $2.1 million last year, reports a new study conducted by county staff. However, that figure does not include costs to the school system and other departments that aren't able to estimate the expense of services for illegal immigrants.

Now the county is looking at ways to reduce those costs. The nine-page report sent to the board of supervisors last Thursday listed six recommendations to lower the direct and indirect financial impact on Chesterfield, but three of those recommendations - involving coordinating and cooperating with state and federal officials - are already being done. The full report is available at www.chesterfieldobserver.com by clicking on "Special" on the homepage.

After review by the planning commission and county board, Chesterfield could implement a housing occupancy limit. The report proposed a zoning ordinance restricting occupancy in a single-family house according to the number of bedrooms and square footage. Currently, the building code limits a three-bedroom house with 1,200 square feet to five occupants.

Chesterfield could also require that all companies doing business with the county certify in writing that they are complying with immigration laws. It would apply to all vendors, contractors, subcontractors and material suppliers, both for services and goods contracts.

Because many "illegal aliens work for subcontractors off the books," a third option would be to hire a senior auditor at $75,000 annually including benefits to audit subcontractors. County staff estimates that "could increase construction costs by as much as 12 percent per project."

The report itemizes estimated direct costs for providing services to illegal immigrants during the period of July 1, 2005 to June 30, 2006 totaling $1,345,900. The major costs included police ($300,000), health ($310,000), county jail ($230,000), social services ($205,900) and General District Court ($170,000).

For the calendar year of 2006, the report also lists indirect costs for illegal aliens. They include Virginia Department of Medical Assistance services ($409,000) and unpaid traffic fines ($337,840). Those violations typically are for driving without a license, hit-and-run and other charges. The report says it is "highly unlikely these funds will ever be collected since the defendants cannot be located."

The report says it cannot estimate the cost of services for illegal immigrant use of county libraries and the parks and recreation department. Use of those services are mixed in with legal residents.

The report came at the persistent urging of Kelly Miller, chairman of the board who represents Dale District. On numerous occasions he has pressed the county for data, seeking to reduce county spending on illegal immigrants.

"It is the federal government's responsibility to keep illegal residents out of the country and this county," the frustrated Republican said, "and it has abandoned that duty. County taxpayers are bearing the burden of providing services for those who are not entitled to be here."

That is the job of the Immigration and Customs Enforcement Bureau (ICE), a federal agency which enforces all immigration and customs laws. ICE is the only organization authorized to conduct field investigations and arrest suspected illegal aliens. After a five week training program, Chesterfield police could aid ICE, but "the program only empowers [police] officers to process the paperwork necessary to start deportation - a process already being done by the sheriff's department now," reads the report. The sheriff's department hands over 6-10 suspected illegal immigrants monthly.

Chesterfield police do not have the legal authority "to arrest individuals based solely on their immigration status." With review by the county attorney's office, the report cautions against further police involvement. There is "potential litigation risk from accusations of police bias and racial or ethnic profiling." It could also reduce the cooperation within some communities to aid policing efforts.

The school system says federal and state law prohibit it from determining whether students are in the country illegally. "The state code says state schools 'may not deny a free public education to undocumented school-aged children who reside within their jurisdictions because they do not hold valid U.S. citizenship or a student VISA,'" explained Tom Doland, chairman of the school board. "We're prohibited from asking about citizenship or VISA status as a condition of enrollment. There's very little gray area in this law."

Some citizens have suggested that a logical place to start would be the school system's English as a Second Language (ESL) program, which last year had 2,105 students originating from 64 countries and speaking 47 languages.

CCPS is not restricted from determining whether a student legally resides in the county, and every year the school system kicks out some students because they live outside the county. The school system could charge for the education received, which is about $10,000 a year, but hasn't so far.

"As the law is written," said Doland, "it gives more protection and leniency to illegals."