Are illegal immigrants safe from civil remedial fees?

26 June, 2007. 647 words.

(This was inspired by a bit of information in a blog post or perhaps a comment I saw somewhere in the Virginia blogosphere recently, but unfortunately I can’t find it anymore to give that person credit. Sorry.)

Virginia’s HB 3202 transportation bill has been widely criticized within the Virginia blogosphere for, starting July 1, charging “civil remedial fees” above and beyond the normal court fees for traffic violations. More recently, many bloggers, led by Black Velvet Bruce Li and Not Larry Sabato, have uncritically repeated the idea that the extra fines only apply to motorists with valid Virginia driver’s licenses, therefore exempting illegal immigrants. This has prompted widespread concerns that “our government treats illegal aliens better than it does it’s own citizens,” in the words of Greg L at BVBL.

While the penalties do specifically target only Virginia “residents,” the text of HB 3202 quite clearly includes “persons operating motor vehicles without licenses or whose license has been revoked or suspended” (see references below). Therefore it stands to reason that illegal immigrants residing in Virginia without a valid driver’s license would be charged the same “civil remedial fee.”

It is left as an exercise for the reader to determine the precise definition of a “resident.” (This writer has no idea.)

(It should also be noted that the widely cited $1050 civil remedial fee is only one of many. The fees actually range from $750 to $3000, depending on the severity of the offense. The fee may be paid in three installments over 26 months.)

Quotes

Greg L, An HB 3202 Disaster, June 23, 2007:

“If an illegal alien, driving without a license is convicted of reckless driving, will they be subjected to these penalties? Nope. Not only is the maximum fine for them ($1,500) lower than it would be for a citizen being cited for driving on a suspended license ($2,500), but because they don’t have a Virginia driver’s license, they’re exempt from the penalties." (emphasis added)

Not Larry Sabato, Illegal Aliens and HB3202, June 24, 2007:

“What Bob is talking about is the $1,050 part of the new fines that exempts anyone who is not from Virginia. While that is outrageous on its own- it hadn’t occurred to me until Bob left this comment that would also exclude people here illegally and still residents of other countries. So for the same crime, an illegal alien who lives on my street gets fined $1,050 less than I would” (emphasis added)

Loudon Insider, Illegal Immigrants and Our “Representatives”, June 26, 2007:

“We Virginians get the pleasure of paying these fines, WHILE OUT OF STATERS DO NOT! And illegal immigrants - same thing. Isn’t it great what privledges you have as a citizen of Virginia?” (emphasis added)

References

Exerpt from the PDF document prepared by the Virginia court system entitled “House Bill 3202/Chapter 896. Civil Remedial Fees,” widely cited by Virginia bloggers (an HTML Google cache is also available):

(5) Virginia residents only. The civil remedial fee is applicable to Virginia “residents” convicted of these crimes. The law provides that “The civil remedial fees established by this section shall be assessed on any resident of Virginia operating a motor vehicle on the highways of Virginia, including persons to whom Virginia driver’s licenses, commercial driver’s licenses, or learner’s permits have been issued pursuant to this title; and persons operating motor vehicles without licenses or whose license has been revoked or suspended.” (emphasis added)

Excerpt from the full text of HB 3202 from the Virginia Legislative Information System:

B. The civil remedial fees established by this section shall be assessed on any resident of Virginia operating a motor vehicle on the highways of Virginia, including persons to whom Virginia driver’s licenses, commercial driver’s licenses, or learner’s permits have been issued pursuant to this title; and persons operating motor vehicles without licenses or whose license has been revoked or suspended. (emphasis added)

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