Va. Republican Bill Would Bar Illegal Immigrants From College

Del. David B. Albo (R-Fairfax), chairman of the Courts of Justice Committee, said the House would focus on the proposal outlined Wednesday because the GOP leadership is confident it would be upheld in court.

But the issue of denying a public college education to an illegal immigrant will probably be controversial.

In past sessions, the House of Delegates and more moderate Senate have failed to agree on proposals to deny in-state tuition rates to illegal immigrants.

Howell and Stosch say they are ready to go much further.

Under the GOP proposal, a public college such as Virginia Tech or George Mason University would have to prove an applicant is a legal resident or has a valid student visa.

Northern Virginia Community College allows the admission of illegal immigrants, but they must pay out-of-state tuition.

But most four-year colleges prohibit illegal immigrants, advocates and college officials said. "We don't enroll illegal aliens," said Jeff Hanna, a spokesman for the University of Virginia. "A student who applies and is accepted must produce documentation." In 2004, a federal judge in Alexandria upheld the right of U-Va. and six other Virginia colleges and universities to deny admission to illegal immigrants. The suit was brought by illegal immigrants upset that they were being denied entry.

O'Brien couldn't present any evidence Wednesday that illegal immigrants are gaining access to Virginia's colleges.

But GOP leaders offered statistics showing that 36 percent of applicants to a four-year public college in Virginia were rejected last year. They couldn't say how many of those denials occurred because the applicants weren't academically qualified.

In some cases, students at Virginia public schools do not have legal status -- even though their younger siblings do -- because they were brought into the country at a young age by their parents. In those circumstances, O'Brien said, it would be up to "the parents of that child to seek legal presence for that child."

The proposal dealing with defendants in county jails would require that sheriffs have at least one person on duty at all times who is certified to check their immigration status.

A 1994 law asks sheriffs to check immigration status. But Albo said that the legislation is confusing and that many jails do not follow it.

"This will absolutely mandate them to do it and tells them how they should do it," Albo said.

Gov. Timothy M. Kaine (D) said that he is eager to work with the Republicans to curtail illegal immigration but that he is waiting for the findings of a state commission studying the issue before he endorses a specific proposal. The commission is expected to complete its work in October.