Getting tougher
Board pushes several measures to combat illegal immigration
By Greg Pearson STAFF WRITER

Day-workers often congregate at a 7-Eleven on Jefferson Davis Highway looking for work with local contractors.

Last week, the Chesterfield Board of Supervisors directed the county attorney's office to draft ordinances and recommend other actions the county can take to discourage illegal immigrants from the living in Chesterfield. But county leaders admit the real authority to enforce immigration laws rests with the federal and state governments.

"I'm concerned about our tax resources," insisted Chairman Kelly Miller. He has single-handedly pushed the board to address the immigration issue, criticizing the federal and state governments for encouraging illegal immigrants by not enforcing existing laws. "We need more publicity for the county on this issue," he added.

Deputy County Administrator Becky Dickson outlined seven recommendations to attack the problem, which is estimated to cost Chesterfield at least $2.1 million annually. A major cost is educating illegal immigrants, but that cost is not included in the previous figure because federal and state laws prohibit asking students or their parents if they are in the country legally.

Last year, there were 2,105 students enrolled in English as a Second Language (ESL) courses in the county at an average cost of $10,409 per student, about $2,400 more than the English-speaking students. However, school officials have cautioned that it should not be assumed that ESL students are illegal immigrants.

After listening to Dickson's presentation, Miller recommended the county take five actions. Though it would be largely symbolic, he wanted the county to adopt English as its official language.

Miller liked the recommendation amending the zoning ordinance so occupancy limitations would be similar to the building codes, ensuring "safety and quality of life." That provision would likely limit the number of people living in a residence on a square footage basis, eliminating a determination of whether people living in the home were related by blood. Large families could appeal for an exemption from the county.

Miller asked that the county implement a contract certification clause for those businesses having contracts with Chesterfield, certifying that the companies do not employ illegal immigrants. That action would require approval from the General Assembly. Miller also wanted an "audit provision" included.

Midlothian Supervisor Don Sowder was concerned about the cost of auditing businesses because additional county employees would have to be hired. Dickson estimated contract certification would raise the cost of county contracts by 12 percent.

"Contractors would pass along the cost of compliance," she explained.

"We could implement more aggressive policies by the police and sheriff's department," Miller suggested.

While some measures might be possible, Police Chief Thierry Dupuis indicated federal and state laws limit what Chesterfield can do. "You can't arrest yourself out of this problem," he said.

Police believe many of their arrests for driving infractions may involve illegal immigrants when the violators don't have a driver's license or registration. They often don't show up for their court dates.

"We can arrest them [for the driving violations] if we suspect they are illegals and take them before a magistrate," he explained, "but after the magistrate determines there is justification for the arrest, 90 percent of the time they'll be released anyway."

County police are not authorized to make arrests on persons they think might be here illegally in the country.

Miller also wanted more pressure put on state legislators to solve the problem or give more authority to local law enforcement. He hopes to add Chesterfield's voice at the state level to a growing number of local governments seeking action by the General Assembly.

Before any recommendations are implemented, Chesterfield would hold public hearings on the matter.