Virginia Special Session 2021

FAIR Take | February 2021

Virginia’s General Assembly continues on as Governor Ralph Northam (D) issued a proclamation on February 4 extending the 2021 legislative session.  Although the Virginia Constitution only provides for a 30-day session in odd-numbered years, it has traditionally been extended to 45 or 46 days. Now with two extra weeks, the legislature is focusing on numerous hot button topics including immigration, which are likely to be election issues when Virginians vote for a new governor and delegates this November.

Last year, highly controversial and harmful bills such as driver’s licenses and in-state tuition for illegal aliens were signed into law. This year, lawmakers are expanding their efforts to provide illegal aliens more benefits, putting legal immigrants and Virginia citizens at the back of the line.

Below are bills that FAIR’s State & Local Engagement team are most closely monitoring:

In-State Tuition

SB 1387/HB 2123 sponsored by Senator Jennifer Boysko (D-Herndon) and Delegate Alfonso Lopez (D-Arlington)

• Expands on last year’s in-state tuition bill by granting illegal aliens access to the same education benefits as Virginians, i.e., state financial aid funds. The bill would also classify illegal aliens who qualify for in-state tuition as Virginia students for the purpose of determining college admissions, enrollment and tuition and fee revenue policies.
  
   
• SB 1387 passed the Senate (21 – 18) party line vote
  
   
  • Currently in the House Education Committee
• HB 2123 passed the House (58 – 42) with Republican Delegates Carrie Coyner (R-Chesterfield), Glenn Davis (R-Virginia Beach), and Roxann Robinson (R-Chesterfield) joining all Democrats in voting “yes”
  
   
  • Currently in the Senate Education and Health Committee

State Identification Cards/Driver’s Licenses

HB 2138 sponsored by Delegate Elizabeth Guzman (D-Prince William)

• Expanding on the driver’s license bill from last year, this bill allows illegal aliens to receive non-driver state identification cards as long as an individual state tax return has been filed by the applicant or guardian of the applicant within the preceding 12 months.
  
   
• Passed the House (57 – 43) with all Democrats supporting as well as Republican Delegates Carrie Coyner (R-Chesterfield) and Glenn Davis (R-Virginia Beach).
  
   
• Currently in the Senate Transportation Committee

HB 2163 sponsored by Delegate Kathy Tran (D-Springfield)

• This bill prevents the Department of Motor Vehicles (DMV) from sharing any “privileged” information (defined extremely broadly) with federal, state, or local government entities. Information sharing would also be prohibited with any law enforcement officer or law enforcement agency relating to civil immigration enforcement unless: 
  
   
  • the subject consents; or
    
     
  • a judicial warrant, judicial subpoena, or judicial order is presented.
• Additionally, the bill prohibits the DMV from entering any agreement for the dissemination of information related to civil immigration purposes.
  
   
• These restrictions on DMV information-sharing would be some of the most extreme in the country, probably only exceeded by New York, which now makes violating some of its restrictions a felony.
  
   
• Passed House (54 – 44) on party lines
  
   
• Currently in Senate Transportation Committee

Involuntary Hospitalization or Treatment

SB 1220 sponsored by Senator Barbara Favola (D-Arlington)

• Eliminates requirements from current law that: 
  
   
  • the Commissioner of Behavioral Health and Development Services determines the nationality of each person admitted to a state facility (i.e., a mental hospital or other involuntary civil commitment,  or involuntary outpatient treatment) and if the person is an alien, notifies the federal immigration officer in charge of the local district immediately.
    
     
  • upon request of the immigration officer in charge,  the clerk of the court furnishes a certified copy in duplicate of any record pertaining to the case of the admitted alien.
• Essentially protects illegal aliens from disclosure of information to federal immigration authorities that a court has already ruled are such a significant risk of harm to themselves or others that they have to be involuntarily hospitalized or require involuntary outpatient treatment
  
   
• Passed Senate (25 – 14) with Republican Senators Siobhan Dunnavant (R-Henrico), Emmett Hanger (R-Augusta), Jen Kiggans (R-Virginia Beach), and Jill Vogel (R-Fauquier) voting “yes” 
  
   
• Currently in the House Health, Welfare, and Institutions Committee

Virginians should continue to put pressure on their legislators in Richmond to oppose these bills until whenever the session finally adjourns.