Legislation of Specific Application to Immigrant Communities by Claire Guthrie Gastañaga, CG2 Consulting

The Center thanks Virginia's leading authority on immigrant-focused legislation, Clair Guthrie Gastañaga for her work on these bills.

Education
College Admissions
This is the third year in row that legislation has been introduced to bar undocumented children from admission to Virginia’s public colleges and universities. Delegate Gear introduced the same bill last year. Delegate Reid introduced the bill the year before. The bills passed the House by significant margins and were defeated in the Senate Education and Health Committee.

HB 262 (Hargrove, R Hanover)
Admission of illegal aliens to public institutions of higher education. This bill provides that an “alien who is not lawfully present in the United States shall not be eligible for admission to any public institution of higher education in Virginia.”

HB 892 (Gear, R Newport News)
Prohibiting admission of illegal aliens to public institutions of higher education. This legislation is similar to Delegate Hargrove’s. It provides that “individuals not lawfully present in the United States shall not be eligible for admission to any public institution of higher education in the Commonwealth.”

In-State Tuition
This is the second time that an effort has been made to require colleges to charge out of state fees to any undocumented student on the grounds that they can’t legally establish domicile. The first time, Delegate Drake’s bill passed both houses of the Assembly; the Governor sent down amendments to address the reality of undocumented children in the US and going to Virginia schools almost since birth; when the legislature rejected his amendments, the Governor vetoed the bill.

HB 1050 (Reid, R Henrico)
In-state tuition for aliens. This bill provides that an alien who is unlawfully present in the United States, and therefore ineligible to establish domicile pursuant to § 23-7.4, shall not be eligible on the basis of residency within Virginia for any postsecondary educational benefit, including in-state tuition, unless citizens or nationals of the United States are eligible for such benefits in no less an amount, duration, and scope without regard to whether such citizens or nationals are Virginia residents.

HB 1135 (Cline, R Amherst)
In-state tuition and educational benefits for illegal aliens and certain military personnel and dependents. This legislation provides that an alien who is unlawfully present in the United States shall not be eligible on the basis of residency within Virginia for any postsecondary educational benefit including, but not limited to, in-state tuition and state financial aid, unless citizens or nationals of the United States are eligible for such benefits in no less an amount, duration, and scope, without regard to whether such citizens or nationals are Virginia residents. The measure further provides that all military personnel on active duty for more than 30 days, both regular and reserves, who are domiciled in Virginia or are assigned to a permanent duty station in Virginia and their dependents living in Virginia, who are not otherwise eligible for in-state tuition, shall be entitled to in-state tuition for as long as they are continuously enrolled.

English as a Second Language
These bills take different approaches to the same problem: the need for more funding for ESL programs in public schools.

HB 276 (Caputo, D Fairfax)
Apportionment of state and local share; adjustments for English as a second language and special education programs. This bill would direct the General Assembly, in apportioning the state and local share for the costs of providing an educational program meeting the Standards of Quality, as provided in the appropriation act, to modify the formula that determines each locality's ability to pay for its share of providing an educational program meeting the prescribed Standards of Quality to incorporate statewide average teacher salaries and to provide adjustments for the number of special education students and students receiving English as a second language instruction.

HB 593 (Lohr, R Harrisonburg)
Education; English as a Second Language Grant Program. This bill would establish the English as a Second Language Grant Program for the purpose of providing grants to school divisions in which at least 25% of the student population receives English as a second language instruction. The program shall be administered by the Board of Education, and the Board must promulgate regulations governing the disbursement of such grants and provide rules and guidelines for the use of funds received by school divisions from the program. Each school division receiving such funds must submit a report to the Board specifying how the funds were used or are intended to be used in the school division.

Center Priorities (.pdf)

Bulletin Inserts
Child Support (.pdf)
Environment (.pdf)
Housing Trust (.pdf)
Indigent Defense (.pdf)
Payday Lending (.pdf)
Minimum Wage (.pdf)

Advocacy Resources
Advocacy Guide (.doc)
Advocacy Portal (link)
Lending Info. (.ppt)
Richmond Map (.pdf)

For Small Groups
Eco-Stewardship (link)
Prayers for Creation (link)
Poverty Diet (link)

Policy Briefs
EITC (.doc)
TANF Child Support (.doc)
Payday Loans (.doc)
Healing Creation (.doc)
Child Ombudsman (.doc)
Affordable Housing (.doc)
Indigent Defense (.doc)
Minimum Wage (.doc)
Wage & EITC (.doc)
VA Tribes (.link)

Actions
Lending Petition (link)
Title Petition (link)
Wage Petition (link)

Reports
Budget Analysis (.pdf)
Food Stamps (.doc)
Lottery Study (link)

FAQ's (link)

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