To: The Virginia State House, The Virginia State Senate, and Governor Ralph Northam
Oppose Virginia SB 1262 - Virginia Towns Should Not Be Jointly & Severally Liable For Damages Cau...
I oppose SB 1262, which will make any Virginia locality that intentionally restricts the enforcement of federal immigration law with the intent to "thwart" enforcement of such law (which the bill defines as a "sanctuary city") JOINTLY AND SEVERALLY LIABLE for tortious injury to persons or property caused by an "illegal alien" (the term used in the bill) within the "sanctuary city." By its terms, if a civil action is brought against the wrongdoer and a "sanctuary city," and the wrongdoer is found liable, the "sanctuary city" could be wholly responsible to pay the full judgment should the wrongdoer be indigent (in a civil case arising from an arson, a battery, or a murder, the judgment could be extremely high). Moreover, given the litigious nature of society and the natural inclination of plaintiffs to name "deep pockets" as defendants, even a locality not ultimately found to be a "sanctuary city" will still likely be subject to frivolous lawsuits and will likely have to pay (or absorb) the costs of defense of these actions (again a costly matter). These judgments and costs would ultimately be paid by the taxpayer.
Insofar as localities already have a legal obligation not to intentionally thwart enforcement of federal immigration law, SB 1262 is redundant and unnecessary. If SB 1262 adds increased obligations, should our state/local police and officials, who are already fully occupied with local matters, bear that burden? Should the citizens of Virginia pay the costs associated with those increased obligations? The answer to both questions is "No!"
Insofar as localities already have a legal obligation not to intentionally thwart enforcement of federal immigration law, SB 1262 is redundant and unnecessary. If SB 1262 adds increased obligations, should our state/local police and officials, who are already fully occupied with local matters, bear that burden? Should the citizens of Virginia pay the costs associated with those increased obligations? The answer to both questions is "No!"
Why is this important?
It may be that SB 1262 will not withstand judicial scrutiny. If it is valid law, it is objectionable on so many levels. Xenophobia aside, it interferes with a town's/city's ability to act in the best interests of its citizens. It burdens state/local police and officials with additional duties and responsibilities that distract from the purpose for which they were hired or elected - local government and safety. It is so broad and poorly crafted that it doesn't even seem to require a link between the offending ordinance/policy and the actions of the wrongdoer for a town/city to be held jointly and severally liable for damages.
Some may argue that the qualifying words "intentionally" and with "intent to thwart" protect local cities and towns from most lawsuits; in reality, they just create additional issues that will need to be decided in court -- again at a price to be paid by local citizens.
In any case, how can our State Senators and Delegates truly believe that making our local communities (and ultimately us -- the taxpayers) subject to litigation and the associated judgments and defense costs is in our best interest? If they do believe this, they are wrong!!
Where will the overreach of the federal government end (see Section 8 of President Trump's January 25, 2017 Executive Order)? Why are our legislators helping with this effort? At some point, will our state and local police become an arm of federal law enforcement? Do we want this? Will we stand for this? NO!!
SB 1262 passed the Senate in early February and has been sitting in the House Committee for Courts of Justice since February 8. As the legislative session is scheduled to end this week, it could be that it will remain there and die. However, given some surprising things that have happened during this session, we need to be prepared to let the Legislature know that we oppose it, should it be revived. Moreover, we should all know that this horrendous type of legislation is being proposed and supported by our representatives, who are supposed to be looking out for us. We need them to know that SB 1262 has been noticed and it will not be tolerated!
If the Legislature is going to take any action on SB 1262, it will happen this week. If you oppose this bill, please sign and ask your friends and associates to sign today!! Thanks!
Some may argue that the qualifying words "intentionally" and with "intent to thwart" protect local cities and towns from most lawsuits; in reality, they just create additional issues that will need to be decided in court -- again at a price to be paid by local citizens.
In any case, how can our State Senators and Delegates truly believe that making our local communities (and ultimately us -- the taxpayers) subject to litigation and the associated judgments and defense costs is in our best interest? If they do believe this, they are wrong!!
Where will the overreach of the federal government end (see Section 8 of President Trump's January 25, 2017 Executive Order)? Why are our legislators helping with this effort? At some point, will our state and local police become an arm of federal law enforcement? Do we want this? Will we stand for this? NO!!
SB 1262 passed the Senate in early February and has been sitting in the House Committee for Courts of Justice since February 8. As the legislative session is scheduled to end this week, it could be that it will remain there and die. However, given some surprising things that have happened during this session, we need to be prepared to let the Legislature know that we oppose it, should it be revived. Moreover, we should all know that this horrendous type of legislation is being proposed and supported by our representatives, who are supposed to be looking out for us. We need them to know that SB 1262 has been noticed and it will not be tolerated!
If the Legislature is going to take any action on SB 1262, it will happen this week. If you oppose this bill, please sign and ask your friends and associates to sign today!! Thanks!