By Tim Craig
Washington Post Staff Writer
Wednesday, August 22, 2007; B05
RICHMOND, Aug. 21 -- Democratic lawmakers launched a new front in the battle over abusive-driver fees Tuesday, accusing Republicans of exempting illegal immigrants from having to pay them. The effort drew rebukes from immigrant rights groups and Gov. Timothy M. Kaine, whose spokesman called it "absolutely silly."
House Democrats targeted Del. Daniel W. Marshall III (R), who supported the fees and represents the southern district of Danville, where immigration has become a major issue.
In a statement Tuesday, Mark Bergman, a spokesman for the House Democratic Caucus, said the fees provide "immunity for out-of-state drivers and illegal immigrants."
Immigrant rights activists were outraged by the Democrats' accusation because, they say, Virginia's law applies to most illegal immigrants.
The Democratic attack on Marshall underscores how the fees -- which can reach $3,000 -- and illegal immigration are shaping up to be two top issues in the fall elections, when all 140 seats in the House of Delegates and Senate are open.
Marshall is no different from many other Republicans who have backed away from the fees, but Democrats targeted him because they think he could be vulnerable in his contest Nov. 6 against Democrat Adam Tomer.
"We are going to use the abuser fee issue district by district," said Bergman, who dubbed Marshall "flip-flop Danny." Democrats need 11 seats to regain control of the House.
But immigrant groups, including many that tend to support Democrats, said the effort against Marshall would backfire.
"The Democrats do not know what they are talking about, and it is unfortunate they seek to inflame the issue by using a bogus argument," said Claire Gastanaga, a former chief deputy attorney general who is a lobbyist for the Virginia Coalition for Latino Organizations. Gastanaga said she is "deeply disappointed the Democrats would pile on the immigrants and think it would get them somewhere."
Several Democrats were also uncomfortable to learn Tuesday that their party was trying to use the illegal immigration issue for political advantage.
"It is something I wouldn't engage in but I suppose is factually correct," Del. Adam P. Ebbin (D-Alexandria) said. "In the past, Virginia Republicans have shown no restraint in how far overboard they will go to use immigrants as a political wedge."
Kevin Hall, spokesman for Kaine (D), said, "Trying to link the two issues is absolutely silly."
Marshall did not return calls seeking comment.
By trying to connect the issues, Democrats are fanning a misconception that many illegal immigrants don't have to pay the fees.
According to the legislation, the fees are assessed on motorists who have Virginia licenses and on "persons operating motor vehicles without licenses or whose license has been revoked or suspended."
Illegal immigrants have been barred since 2004 from obtaining driver's licenses in Virginia.
Del. David B. Albo (R-Fairfax), who wrote the abusive-driver law, said illegal immigrants convicted of an offense that triggers a fee would have to pay the charge because they would not have a license or would have a revoked license.
"If he doesn't have a license, he pays," Albo said.
An illegal immigrant with a valid driver's license from another state would probably be exempt from the fees, Albo said.
Bergman said, "There are a lot of illegal immigrants in [Marshall's] district with North Carolina tags."
Marshall was also a co-sponsor of a separate abusive-driver fee bill that failed in 2005. Albo said that bill probably would have exempted illegal immigrants. The bill applied only to motorists with a Virginia driver's license and didn't include those who either did not have a license or had one that was revoked.
The release did not mention Kaine's role in amending the bill to exempt out-of-state drivers.
Democrats also seek to take advantage of a hostile political environment toward immigrants in economically depressed Danville.
Rep. Virgil H. Goode Jr. (R-Va.), whose district includes Danville, became a leading voice against immigration last year when he criticized the election of the first Muslim to Congress, saying that "if American citizens don't wake up and adopt the Virgil Goode position on immigration, there will likely be many more Muslims elected to office and demanding the use of the Koran."
Marshall also caused a stir in 2005 when he unsuccessfully pushed for a bill to prohibit anyone who can can't read and write or speak English from obtaining a Virginia driver's license.
At the time, Democrats denounced Goode's comments and Marshall's bill as xenophobic.
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