Coun ty o f Fa i r f ax , V i rg in i a

DATE: OCT % J,2014 TO: Board of Supervisors

/ EdwardDng Jr. County utive

FROM:

SUBJECT: Update on Unaccompanied Children in Fairfax County

This summer, media reports focused on thousands of children fleeing to the United States from Central and South America (El Salvador, Guatemala and Honduras), unaccompanied by their parents or other responsible adults. According to these reports, the federal government was housing children in federal facilities throughout the country while they awaited immigration hearings.

On July 1,2014, the Fairfax County Board of Supervisors directed the County Executive "to examine these issues and provide the Board with recommendations about steps that may be needed to handle an unexpected influx of unaccompanied children." Referencing this directive, on September 9, 2014, the Board further instructed the County Executive to estimate the costs of providing services to unaccompanied minors placed with sponsors in Fairfax

To respond to both questions, we formed a multi-agency workgroup, led by Nannette Bowler, Director of the Department of Family Services. The group was comprised of representatives from various Human Services agencies (Department of Family Services; Office for Women and Domestic & Sexual Violence Services; Department of Neighborhood and Community Services; Office to Prevent and End Homelessness; Juvenile Courts; Community Services Board; and the Health Department), the County Executive's Office, the County Attorney's Office, the Police Department, Fairfax County Public Schools and several local nonprofit organizations. In addition to convening the workgroup, over the course of the last two months, staff has participated in several national and state conference calls, webinars,- and meetings to leam how the federal, state and local governments are responding to the arrival of unaccompanied youth; . •

Issues and Discussion '

The work group researched and evaluated two specific scenarios: 1) federally sponsored congregate shelter and, 2) children placed with sponsors. For both scenarios, the group focused on the local impacts from both a financial and service perspective.

County.

Office of the County Executive 12000 Government Center Parkway, Suite 552

Fairfax, VA 22035-0066 703-324-2531, TTY 703-222-5494, Fax 703-324-3956

www.fairfaxcounty.gov

Board of Supervisors ' , Subject: Update on Unaccompanied Children in Fairfax County Page 2 of 4

Federal Government Housing Unaccompanied Children in Fairfax County:

The scope of our review focused initially on the specific situation in which the federal government would house unaccompanied children in a facility (federally owned or otherwise) within Fairfax County. At this time, we are not aware of any inquires or efforts to seek the use of a facility within Fairfax County to provide congregate shelter for unaccompanied youth. If Fairfax County were approached in the future, all indications are that in these situations, the federal government provides and funds all services within the facility, including health screenings, mental health services and education; therefore, there would be no fiscal impact to local programs and services. •

The significant reduction in the number of unaccompanied children crossing the border in recent weeks has resulted in the closure of many federal facilities and an announcement by the federal government that no other facilities are needed for this wave of children. While officials are reluctant to predict whether the number of unaccompanied children crossing the border will rise in future months, the Department of Health and Human Service's Office of Refugee Resettlement (ORR) informed us that they are adding capacity at their existing federal facilities to be better equipped should another influx occur. Therefore, it is unlikely Fairfax County would be asked to open such a facility any time soon.

Unaccompanied Children Placed with Sponsors in the Fairfax County: •

According to the ORR's website, when immigration authorities apprehend a child who is not accompanied by a parent or legal guardian "the child is transferred to the care and custody of the Office of Refugee Resettlement (ORR). Federal law requires that ORR feed, shelter, and provide medical care for unaccompanied children until it is able to release them to safe settings with sponsors (usually family members), while they await immigration proceedings. These sponsors live in many states." It further states, "Sponsors are adults who are suitable to provide for the child's physical and mental well-being and have not engaged in any activity that would indicate a potential risk to the child. All sponsors must pass a background check. The sponsor must agree to ensure the child's presence at all future immigration proceedings. They also must agree to ensure the minor reports to ICE for removal from the United States if an immigration judge issues a removal order or voluntary departure order." '

Since January of this year, ORR reports that they have placed 1,131 unaccompanied children with sponsors in Fairfax County. In general, Fairfax County Human Services agencies have not reported any significant increase in number of service requests that could be attributed to this population. However, collecting data on these children and the services they may utilize is extremely challenging. Most programs do not track data in a way that allows for the identification of this population; "unaccompanied children" is not a designation that programs use.

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We are able to identify which programs and services are accessible to this population, given their immigration status (though this does not indicate if they have, in fact, been utilized). In 2007, the County conducted an extensive analysis of the utilization of County seivices by undocumented individuals (attached). As outlined in the attached 2007 memo to the Board, a large number of County services are restricted by federal and state laws to those individuals and families who are legally present in the United States, including restrictions on programs such as SNAP, FAMIS and TANF. Some services, primarily those necessary for the protection of life of safety, are provided in accordance with federal law to all residents, regardless of immigration status. Other services are provided countywide and are available to all residents of the County and a legal status determination is not made. Unaccompanied minor children would be bound by the same restrictions as other undocumented children when accessing Fairfax County services.

Additionally, Fairfax County Public Schools (FCPS) has their own set of guidelines to adhere to with respect to this population. Representatives from the FCPS have shared that the school system is not permitted to ask families if children are undocumented. Educating undocumented children and children from immigrant families is not a new circumstance in Fairfax. In 2011, the United States Departments of Justice and Education issued guidance to help schools understand their responsibilities under the Supreme Court's decision in Plyler v. Doe and federal civil rights laws to provide all children with equal access to an education regardless of their or their parents' immigration status.

FCPS is unable to identify all ORR students because many are released to their parents. When parents register, they do not need to identify the child as being in the custody of ORR because FCPS is not permitted to ask about immigration status. Like all parents registering, they simply need to prove they are the parents and residing in Fairfax County. Fairfax County Public Schools has reported an increase of students receiving ELL (English Language Services) at the high school level this school year (2014-2015) and has to use additional positions from their reserves to meet these needs.

All of this information helps paint a better picture of the actual situation with unaccompanied minors in our community. However, given the difficulties presented by the fluid nature of the data on this population we could not generate an estimated financial or service-related impact.

Staff directly consulted a senior official within the U.S. Department of Health and Human Services/ORR and to ask if the federal government had reimbursed any local jurisdictions for costs incurred for unaccompanied children placed with sponsors in their community. We were informed that HHS/ORR has made no such reimbursement to date.

Board of Supervisors Subject: Update on Unaccompanied Children in Fairfax County Page 4 of 4

Staff also spoke with senior officials within Virginia State Government to ask whether the state was considering seeking reimbursement. At the time, there was no indication that they were pursuing reimbursement. However, staff has asked to be notified as the conversation evolves.

(

Finally, staff consulted with the County's Government Affairs Office to explore options and opportunities to identify sources of additional revenue to support this population. We agreed that we would explore state and federal opportunities to maximize educational funding for Fairfax County's diverse school population.

If it appears that this situation will change significantly in the future, the workgroup provides an infrastructure to determine impacts on local programs. The group will meet as the picture unfolds and, if a need presents itself.

Conclusions and Recommendations

Based on our review of the information available we have determined that: .

1. It is unlikely that Fairfax County would be asked to provide a federally sponsored facility and, if so, the federal government would provide the necessary funding for the operations and services within such a facility.

2. Fairfax County is a very culturally and ethnically diverse community. This diversity makes it nearly impossible to determine the specific additional funding required to educate undocumented youth. It is recommended that the county pursue an adjustment in the state educational funding formula to help offset additional service needs associated with a culturally diverse county.

3. No evidence was found that would suggest the Federal Government has reimbursed any local jurisdictions for costs incurred for unaccompanied children placed with sponsors.

4. The multi-agency workgroup will meet periodically to determine if any changes in the situation or if federal policy or procedures are adopted that would need to be addressed.

Attachment: as stated ' '

cc: Susan W. Datta, CFO, Director, Department of Management and Budget Patricia D. Harrison, Deputy County Executive David J. Molchany, Deputy County Executive David M. Rohrer, Deputy County Executive Robert A. Stalzer, Deputy County Executive Nannette M. Bowler, Director, Department of Family Services

Coun ty o f Fa i r f ax , V i rg in i a M E M O R A N D U M

DATE:

TO:

FROM:

SUBJECT:

In response to your request, staff has summarized below the cost to Fairfax County of direct services provided to undocumented immigrants. The County provides a wide range of services, ail in accordance with federal and state laws and regulations. In many cases, County services are restricted by federal and state laws to those individuals and families who are legally present in the United States. This includes housing assistance programs, Medicaid funded health care and public assistance. Other services, primarily those necessary for the protection of life or safety are provided in accordance with federal law to all residents, regardless of immigration status. A final group of services is provided countywide, available to all residents of the County and for which a legal status determination is not made. These services are necessary to support the outstanding quality of life in our community and include recreational and cultural opportunities, as well as those services used by the general public, such as library and transportation services.

There are no reliable estimates of the number of immigrants living in Fairfax County illegally and there are ho reliable methodologies for creating such an estimate. Some experts in the field have developed complex models that attempt to estimate immigrants by status but these models are unable to identify illegal residents as a unique category. There is no data available to separate immigrants who live in the United States illegally from those with federal temporary protected status (TPS). Immigrants who have temporary protected status are legal residents. For these reasons, staff does not have an estimate of the number of undocumented immigrants in Fairfax County (see Attachment A for more information). .

Federal law generally regulates the provision of certain local services depending on legal status. However, the County is not responsible for nor presently staffed to enforce federal laws as they relate to immigration violations. Where so required, the County inquires about legal status and requires documentation confirming eligible immigration status prior to the provision of specified sendees. In other cases, County staff does not require legal status documentation or information. A summary of applicable federal legislation and state legislative action are provided below.

November 20, 2007

Michael Frey Supervisor, Sully District

Anthony H. Griffin County Executive

Fairfax County Services to Undocumented Immigrants

Office of the County Executive 12000 Government Center Parkway, Suite 552

Fairfax, VA 22035-0066 703-324-2531, TTY 703-222-5494, Fax 703-324-3956

www.fairfaxcounty.gov

Board of Supervisors Fairfax County Services to Undocumented Immigrants Page 2 of 6

Federal Legislation and Regulation

Pursuant to 8 U.S.C. § 1621 and other federal laws, those persons without citizenship or legal status in the United States are generally ineligible for certain state and local public benefits regardless of the source of the funding. Such benefits include retirement, welfare, health, disability, public or assisted housing, postsecondary education, food stamp, and unemployment benefits. However, federal law provides exceptions to ineligibility for certain state and local health care benefits including:

1. Items and services to treat emergency medical conditions: 2. Short-term, non-cash, in-kind emergency disaster relief; 3. Immunizations for testing and treating of communicable diseases; 4. Programs, services, or assistance as specified by the U.S. Attorney General that provide in-

kind services and do not condition the assistance on the recipient's income and/or resources; and

5. Services necessary for the protection of life or safety,

On January 5,2001, the U.S. Attorney General provided further clarification by specifying the types of community programs, services, or assistance determined to be necessary for the protection of life or safety (A.G. Order No. 2353-2001):

1. Crisis counseling and intervention programs; services and assistance relating to child protection, adult protective services, violence and abuse prevention, victims of domestic violence or other criminal activity; or treatment of mental illness or substance abuse;

2. Short-term shelter or housing assistance for the homeless, for victims of domestic violence, or for runaway, abused, or abandoned children;

3. Programs, services, or assistance to help individuals during periods of heat, cold, or other adverse weather conditions;

4. Soup kitchens, community food banks, senior nutrition programs such as meals on wheels, and other such community nutritional services for persons requiring special assistance;

5. Medical and public health services (including treatment and prevention of diseases and injuries) and mental health, disability, or substance abuse assistance necessary to protect life or safety;

6. Activities designed to protect the life or safety of workers, children and youths, or community residents; and

7. Any other programs, services, or assistance necessary for the protection of life or safety.

State Legislative Studies

During the 2007 Virginia General Assembly session, the legislature established a new commission to study the impact of illegal immigration on both the state and local governments. Additionally, a special task force was established by the State Crime Commission to study the impact on the criminal justice system:

1. Commission on Immigration (created by HB 1673) - directed to study and make recommendations to address the costs and benefits of immigration on the Commonwealth,

Board of Supervisors Fairfax County Services to Undocumented Immigrants Page 3 of 6 •

including the impact on education, health care, law enforcement, local demands for services and the economy. This Commission will also study the effect of federal immigration and funding policies on the Commonwealth of Virginia. The Commission's work will end in August 2009; an executive summary to the Governor and General Assembly is required by January 9, 2008.

2. Illegal Immigration Task Force (subcommittee of the Virginia State Crime Commission created in April 2007) - will review crimes committed by and against undocumented immigrants in Virginia, the associated costs on Virginia's criminal justice system, and what measures may effectively be taken at the state and local levels of government. The work of this task force should be finished by the 2008 General Assembly session.

Fairfax County's Policies for Employment and Contracting

Regarding employment, procurement of contractors and service provision, Fairfax County has and will continue to comply with all federal and state laws related to immigration.

The Personnel Regulations of Fairfax County, Chapter 5, require all new county employees to display evidence of United States citizenship or in the case of non-citizens, evidence of eligibility to work in the United States as required by law. This evidence includes Social Security number validation and quarterly monitoring against the federal Social Security database via the payroll process for citizens and display of an Immigration Form 1-9 (proof of legal eligibility for United States employment) for non-citizen employees.

The Department of Purchasing and Supply Management's (DPSM) General Conditions and Instructions to Bidders, state that all solicitations issued by DPSM are subject to all state and local laws, policies, resolutions and regulations, as well as all accepted rules, regulations and limitations imposed by legislation of the federal government. For example, all vendors ^ conducting business in the County are required to have a W-9 with a valid tax identification number. All foreign corporations conducting business in the County are required to comply with section 13.1-757 of the Code of Virginia and obtain a certificate of authority from the State Corporation Commission. In addition, all firms conducting business in the County are required to comply with Chapter 4, Article 7, of the Code of the County of Fairfax, Virginia, and obtain Business, Professional and Occupational Licenses, (BPOL) if applicable. However, the BPOL license is a revenue and not a regulatory license.

Fairfax County's Cost of Direct Service Provision to Undocumented Immigrants

This cost estimate is limited to the cost for direct County services provided to undocumented immigrants when it can be determined. Costs associated with educating undocumented immigrants in Fairfax County Public Schools are not included since a local school board or governing body cannot deny them a public education according to the United States Supreme Court ruling in Plyler v. Doe 457 U.S. 202 (1982). In addition, staff also excluded costs associated with intake and informational services, as well as internal operating agencies, since those costs are considered to be part of the County's general operations.

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There are three categories that help provide a framework for the cost estimate response:

• There is federal guidance that exempts the County from denying services because of lack of legal status, as noted above. In particular, this relates to specified programs, services, or assistance determined to be necessary for the protection of life or safety. As a result, these County services are provided regardless of legal status.

• Where federal and/or state laws or regulations impose a legal presence requirement, County staff asks for proof of legal status. If a customer/consumer cannot prove legal status, then these County services are not provided.

• Some services provided by the County that are considered necessary to maintain a quality of life for County residents are provided to everyone, and such services do not target a particular subset of the population (e.g., libraries, parks, public transit, public roads, and recreation).

Using FY 2007 data, staff was able to identify a net cost of $3.8 million in known costs for direct County services provided to undocumented immigrants by the Office of the Sheriff. This figure includes offsetting revenue from the federal government for housing undocumented immigrants in County jails (State Criminal Alien Assistance Program (SCAAP)).

For the Board's information, I have provided examples of the County services which fall under each category:

1. Services related to the protection of life or safety that the County provides according to federal law regardless of immigrant status.

A. Agencies with services whose costs are identifiable.

Program Description Cost to Provide Services tp Undocumented Immigrants

Office of the Sheriff Adult Detention Center (ADC)

Based on information provided by the Office of the Sheriff, there were an estimated 4,300

undocumented immigrants committed in FY 2007 for a total of approximately 40,000 prisoner days @

$126/day.

$3.8 million ($5.0 million in County costs

offset by $ 1.2 million in SCAAP revenue.)

Total $3.8 million

Please note that estimates are provided due to database limitations in tracking undocumented immigrants. In addition, the Fairfax County Sheriff recently indicated the County will begin partnering with federal Immigration and Customs Enforcement officials to screen inmates for immigration violations and work with federal authorities to deport those illegally in this country.

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B. Agencies with services related to the protection of life or safety whose costs are not identifiable. This includes programs that do not track immigration status or do not track costs based on immigration status.

__ Agency Department of Family Services (all other services related to the protection of life or safety not included in the section below) Fairfax-Falls Church Community Services Board (all other services related to the protection of life or safety not included in the section below) Fire and Rescue Department Health Department Juvenile and Domestic Relations Court Office of the Sheriff (all other services related to the protection of life or safety not included above) ' Police Department

2. Services for which the County must receive documentation or confirmation, as required by law, of legal presence, citizenship, or right to work in order for the service to be provided.

Agency/Program Department of Cable Communications and Consumer Protection Consumer regulation and licensing office (i.e., licenses for taxicab drivers, door-to-door

solicitors and massage therapists) _ Department of Family Services/Office for Children Child Care Assistance and Referral Program Department of Family Services/Self Sufficiency Division Aid to Families with Dependent Children - IY-E Foster Care Program . Auxiliary Grants . Food Stamps Food Stamp Employment and Training General Relief Low Income Home Energy Assistance Program . Family Access to Medical Insurance Security Medicaid Refugee Resettlement Program Repatriate Assistance Program State and Local Hospitalization Temporary Assistance for Needy Families Virginia Initiative for Employment not Welfare (VIEW) program Workforce Investment Act of 1998 _____ • Fairfax-Falls Church Community Services Board Mental Health/Mental Retardation/Substance Abuse/Infant and Toddler Connection services that use Medicaid funding

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Department of Housing and Community Development Public Housing Section 8/Housing Choice Voucher Program Partnership for Permanent Housing 1

Fairfax County Rental Program (including FHA Section 221(d)(3) and 236 properties) !

Low Income Housing Tax Credit _ First-Time Homebuyers Program (including Affordable Dwelling Unit program) Plomebuyer Equity Loan Program Relocation under the Uniform Relocation Assistance and Real Property Acquisition

Policies Act of 1970 and Section 104(d) of the Housing and Community Development Act of 1974 . —_—

3, Other County services are considered "universal access" and are provided to all residents of the County. These services cannot be tied to any subset of the population and are generally widely available services that enhance the overall quality of life in our community. Examples of such services include tax administration, public libraries, parks, public transit, public roads, and recreation centers.

Attachment B summarizes by agency where legal status is verified prior to service delivery.

cc: Board of Supervisors Verdia Haywood, Deputy County Executive Edward L. Long Jr., Deputy County Executive David Molchany, Deputy County. Executive Robert Stalzer, Deputy County Executive Susan Datta, Director, Department of Management and Budget David P. Bobzien, County Attorney

Attachments: A: Methodologies for.Estimating Immigrants by Status B: Summary By Agency Where Legal Status is Verified Prior to

Service Delivery C-: Memo to Griffin from Frey dated July 18,2007

ATTACHMENT A

Methodologies for Estimating Immigrants by Status Prepared by Department of Systems Management for Human Services

The following summarizes the reasons why it is not possible to provide a reliable estimate of illegal immigrants in Fairfax County. Significant weaknesses in national and other estimates of illegal immigration and unique factors in Fairfax County make already unreliable estimating methodologies even less valid when applied to County demographics, '

o We have identified no published estimates that attempt to estimate the number of illegal immigrants as a specific unique category of persons specifically living in Fairfax County.

o The US Census Bureau has indicated that they are attempting to develop a methodology for estimating illegal immigration but have yet to be successful in producing estimates.

o Attempts to estimate illegal immigrant populations begin with Census data that are sample based estimates (either from the Current Population Survey or the Decennial Census long form information) of immigrants by Country of birth and those who are naturalized citizens. Census data do not include information on legal status of immigrants who are not citizens. Immigrants with legal status are then estimated from federal data which are judged to be inexact at best. The federal data are compared to the Census data and those persons counted by Census but not counted in the federal data are assumed to be unauthorized migrants.

• For National estimates sampling error and inexactness of federal data result in estimates with wide margins of error.

« The resulting estimates are unable to remove persons in certain legal statuses such as Temporary Protected Status and others with legal status claims pending. Therefore the national estimates of "illegal immigrants" are not even that.

« When these flawed estimating methods are applied to smaller geographies (such as a city or county), the margins of error is significantly compounded,

o Methodologies used to estimate immigrants by immigration status rely heavily on national assignment factors as described above and below, However, Fairfax County's immigrant population is dramatically different from the national profile.

• Fairfax County immigrants are more likely to be U.S. citizens and it is reasonable to assume that the nature of Fairfax's overall foreign born population (very highly educated for example) would also include higher rates

. of persons in other legal statuses than is experienced nationally. « National statistics indicate that Mexicans make up the largest share of illegal

immigrants. According to Census data, only 5,465 Mexicans reside in Fairfax County and this includes Mexicans in all legal statuses.

« Salvadorans are one of the county's largest immigrant populations, comprising a quarter of the county's immigrants from Latin America. Salvadorans also are the immigrant group with the largest number of undocumented migrants who have legal residency status under Temporary Protected Status (TPS) which is not factored out from estimates of illegal immigrants.

These differences in Fairfax would significantly increase the margin of error in already inexact estimating methods.

/ of

Methodology for Estimating Immigrants by Status The residual methodology for assigning immigration status is used by the Department of Homeland Security as well as other public and private organizations to estimate immigrants by immigration status. The following is a brief summary of how this methodology works.

• Census data (CPS or Decennial Census) are used to estimate the entire immigrant population based on place of birth. These data are adjusted to reflect that the Census undercounts populations. Census data also are used to determine an estimate of immigrants who are naturalized citizens. Census data provide no information on the legal status of immigrants who are not citizens.

• Immigrants with legal status are estimated from federal data: O Persons who are legal permanent residents with "green cards." O Persons admitted as legal permanent residents who now are citizens. O Persons admitted as refugees or asylees, regardless of current status. O Persons admitted as refugees or asylees who now are citizens. O Persons admitted legally under programs such as student and visitor visas and guest

worker programs. • The federal data are compared to the Census data and those persons counted by Census but not

counted in the federal data are assumed to be unauthorized migrants (i.e. foreign-bom persons who entered the U.S. through clandestine channels or individuals who overstayed the period on their visa.). The result of this comparison is an assignment factor for groups based on age, sex, period of entry, and country or region of birth. The assignment categories are 'naturalized citizens,' 'legal permanent residents,' 'legal temporary residents,' and 'unauthorized migrants.'

• National estimates using this methodology are not considered very exact and have very wide margins of error. This is because sampling error is compounded by the inexactness of immigration data and researchers caution that the national estimates should be used as overall indicators rather than precise information.

Described below are some of the problems with the 'unauthorized migrant' assignment category. • The assignment category of 'unauthorized' or 'undocumented migrants' includes many

categories of persons who currently are legal residents. These categories include: O Persons with Temporary Protected Status (TPS). Persons with TPS generally entered

the U.S. without authorization but are allowed to legally stay in the U.S. because of dangerous conditions in their county of origin.

O Persons with unresolved asylum claims are categorized as 'unauthorized' or 'undocumented migrants' but are allowed to live in the U.S. legally until their claims are resolved.

O Persons who are employed and waiting for "green cards" or LPR status but do not have this status finalized are legally allowed to live in the U.S., and

O Persons who are immediate relatives or fiancees of legal residents and are awaiting permanent legal status.

National data for these groups who are legal residents, but captured in the 'unauthorized migrant' category for assignment, are unreliable, creating measurement problems for separating these groups from those persons who are residing in the U.S. illegally.

Methodologies used to estimate immigrants by immigration status rely heavily on national assignment factors as described above. However, Fairfax County's immigrant population is dramatically different from the national profile. Some characteristics of Fairfax County immigrants that may affect the reliability of these national assignment factors include:

I X

Fairfax County immigrants come from many nations and no single nation contributes a dominant majority. Salvadorans, however, are one of the county's largest immigrant populations, comprising a quarter of the county's immigrants from Latin America. Salvadorans also are the immigrant group with the largest number of undocumented migrants who have legal residency status under Temporary Protected Status. National statistics suggest that Mexican immigrants comprise an estimated 56% of all unauthorized migrants (PEW Hispanic Center). In Fairfax County there are only 5,465 persons who are Mexican immigrants (includes all immigration statuses). This figure represents only 2% of the total immigrant population in the Fairfax County (2006 ACS). Fairfax County immigrants are more likely to be U.S. citizens - 48% of Fairfax County's foreign born population are citizens compared to 42% nationally (2006 ACS). Fairfax County's immigrants have much higher levels of educational attainment - 48% of , Fairfax County's foreign born persons age 25 and older have a four-year college degree or more education compared to 27% nationwide (2006 ACS). National studies show a correlation between educational attainment and citizenship - those with higher levels of educational attainment tend to pursue citizenship.

ATTACHMENT B

Summary by Agency Where Legal Status is Verified Prior to Service Delivery

AGENCY COMMENTS Administration for Human Services No determination of legal status prior to provision of service.

However, for contracts that are administered by the agency (e.g., Consolidated Community Funding Pool), bids on solicitations issued by the Department of Purchasing and Supply Management are subject to all state and local laws, policies, resolutions and regulations, as well as all accepted rules, regulations and limitations imposed by legislation of the federal government.

Animal Shelter No determination of legal status made prior to service provision.

Cable Communications and Consumer Protection

The Regulation and Licensing Branch (RALB) of the Department of Cable Communications and Consumer Protection registers or issues licenses or permits for solicitors, massage establishments, massage therapists, pawnbrokers, precious metal and gem dealers, non-profit solicitors, going-out-of-business sales, trespass tow operators, and taxicab drivers. RALB staff determines the right to work of each individual applicant. If the applicant is not a United States citizen, the applicant must show an original Social Security card and an original Employment Authorization Document (EAD) In addition, documentation for individual licensure requires Virginia or other licenses depending on requirements. For example, individuals applying for taxicab license must have a valid driver's license and tow truck operators and tow truck drivers must be licensed by Virginia.

Circuit Court No determination of legal status prior to provision of service. Civil Service Commission Internal service agency. Provides services to County

employees only. Commonwealth's Attorney No determination of legal status prior to service provision. Community and Recreation Services No determination of legal status prior to service provision. County Attorney Internal service agency. County Executive No determination of legal status made prior to service

provision. Economic Development Authority No determination of legal status made prior to service

provision. Elections The Office of Elections provides services only to citizens of

the United States. Applicants for voter registration sign an oath under penalty of law that they are U.S. citizens, but no verification of the statement takes place. All other activities and services are provided only to those citizens who have completed the registration process.

Emergency Management No determination of legal status made prior to service provision.

Equity Programs No determination of legal status made prior to service provision. .

Facilities Management Internal service agency.

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AGENCY COMMENTS FFX-FC Community Services Board No determination of legal status made prior to service

provision except in services requiring Medicaid eligibility.

Family Services Some programs, primarily financed with Federal funding require verification of legal status as outline in memo. For other services, no determination of legal status is made prior to service provision.

Finance Apart from County personnel actions under the direction of DHR, DOF has no direct customer interaction that reflects or

.reveals their status as to citizenship or legal residency. Individuals who receive payments that are reportable for Federal income tax purposes provide to DOF (through the agency that contracts with them) a Federal taxpayer identification number. DOF matches these numbers against a Federal database. Where the name and number match those on file with the Social Security Administration, there is implied validation of the individual's legal residency. This is not a reliable implication; individuals who hold a valid number but who have stayed beyond their authorized period of residency would not be detected in this match.

Individuals who do not provide a number that can be matched are not eligible for payments from the County, not as a matter of policy, but as a practical matter in terms of the County's compliance with Federal law regarding tax reporting. The County does not have the ability to further match the identity or legal residency of non-County employees with whom we interact. ...

Financial and Program Auditor Internal service agency. Fire and Rescue The FRD does not require nor request confirmation of legal

status as a condition of services provided. General District Court No determination of legal status prior to service provision.

Health No verification of legal status required prior to service provision. In the cases of permitting, (e.g., swimming pools, mobile food vans) individuals or owners must already have received a business license to operate from another entity.

Housing and Community Development

All FCRHA housing programs comply with the federal "Alien Regulations" implemented in 1995 by HUD: fo be eligible to receive benefits in a federally assisted housing program^ each family member must be a citizen, national, or a non-citizen who has eligible immigration status under one of the categories set forth in Section 214 of the Housing and Community Development Act of 1980 (see 42 U.S.C. I436a(a)). Therefore, a signed declaration of U.S. citizenship, or proof of eligible immigration status, must be provided for each household member when the family's application reaches the top of the waiting list and eligibility for the program is determined.

For properties financed with County funding rather than federal funding, the applicants must present Social Security cards, driver's licenses and/or birth certificates.

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AGENCY COMMENTS Human Resources Per Personnel Regulations of Fairfax County, Chapter 5, all

new county employees must display evidence of citizenship or in the case of non-citizens, evidence of eligibility to work in the United States as required by law. This evidence includes Social Security number validation and quarterly monitoring against the Federal Social Security database via the payroll process for citizens and display of an Immigration Form 1-9 (proof of legal eligibility for US employment) for non-citizen new employees.

Human Rights No determination of legal status made prior to service provision.

Information Technology Internal service agency. Internal Audit Internal service agency. Juvenile and Domestic Relations Court

No determination of legal status made prior to service provision except in the following case: As of July 2006, JDRC is required by Code of Virginia 16.1 309.1 H to report any youth to ICE who is detained on a violent juvenile felony where the Intake Officer has probable cause to believe they are in the US illegally. The result is that ICE may or may not file a detainer for deportation.

Library 1 FCPL does not verify the legal status of the County's customers nor is there verification required prior to the receipt of any library services. In addition, FCPL does not require documentation or licensure from anyone prior to the provision of services. '

Management and Budget Internal service agency. Also provides information to County residents on Budget. No determination of legal status made prior to service provision.

Park Authority No determination of legal status made prior to service provision.

Partnerships Program designed to provide medical services to children of working poor with incomes above 250% of poverty level. Requires proof of residency (e.g., electric bills) as well as proof of employment (e.g., W-2, letter from employer).

Planning and Zoning No determination of legal status made prior to service provision.

Planning; Commission No determination of legal status made prior to service provision.

Police No determination of legal status made prior to service provision.

Public Affairs No determination of legal status made prior to service provision.

Public Safety Communications No determination of legal status made prior to service provision.

Public Works and Environmental Services

No determination of legal status made prior to service provision. However, for permitting purposes some state and county licenses are required including driver's licenses, professional engineer and/or land surveyor stamps, and BPOL licenses. .

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AGENCY COMMENTS Purchasing and Supply Management The County's contract language does not specifically address

the immigration status of contractor personnel, nor does it require proof of license or incorporation aside from County BPOL, if applicable and a W-9 with a valid tax identification number in order to establish a vendor in our system for payment. The County does have a requirement for a certificate of authority for doing business in the Commonwealth. All County contracts require compliance with all Federal, State and Local laws and regulations. Below are examples of standard clauses included in all contracts:

Subject to all State and local laws, policies, resolutions, and regulations and all accepted rules, regulations and limitations imposed by legislation of the Federal Government, bids on all solicitations issued by the Department of Purchasing and Supply Management will bind bidders to applicable conditions and requirements herein set forth unless otherwise specified in the solicitation. .

All firms doing business in Fairfax County, shall obtain a license as required by Chapter 4, Article 7, of The Code of the County of Fairfax, Virginia, as amended, entitled "Business, Professional and Occupational Licensing (BPOL) Tax."

Any foreign corporation transacting business in Virginia shall secure a certificate of authority as required by Section 13.1­757 of the Code of Virginia, from the State Corporation Commission. The consequences of failing to secure a certificate of authority are set forth in Virginia Code Section 13.1-758.

Retirement systems Internal service agency, Provide services to County employees only.

Sheriff Inmates are asked legal status. Service provided' regardless of legal status. ...

Systems Management for Human Services

The Department of Systems Management does not verify legal status. The Coordinated Service Planning (CSP) program receives phone calls from residents of the county inquiring about human services. CSP provides callers with referrals to other County and non-county programs, may connect callers to those programs, or may work with other County programs, CBO's and FBO's to provide emergency assistance.

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AGENCY COMMENTS Tax Administration No verification of legal status in the administration of local tax

programs, Documentation for qualification of some services is required as noted below: Tax Relief for the Elderly and

Tax Administration

Disabled: Detailed documentation identifying income and assets of applicants and any other residents of the household. Documentation may include income tax returns; bank statements; etc. Documentation may also include medical documentation concerning disabilities (to include doctor reports; affidavits; and Social Security Administration documentation). Property ownership is verified, along with property residency. Commercial Real Estate Assessments: Income and

Tax Administration

expense surveys that show the rents; rent roll (tenants); and typical operating expenses. Surveys are requested, but not required. If survey responses are not provided, the property owner is barred from subsequently presenting any of this information for consideration in future assessment litigation Residential Real Estate Assessments: No documentation is required, Upon appeal, taxpayers may submit supplementary documentation such as private appraisals; insurance claims; trust agreements; and property settlement agreements, Publicly recorded deeds and wills are reviewed by staff. Tax Abatement Applications: These are voluntarilv submitted as commercial property owners seek a Tax Abatement for renovation or new construction in Commercial Revitalization Districts or for apartment buildings county-wide. Application requires information about property ownership; type and extent about construction details; age and acquisition date of property; estimates of construction schedule, No information is collected on legal immigrant status. Business License Applications: Annual forms require a statement of the prior year gross receipts; contact information for corporate officer responsible for completing the application; location and type of business being conducted; BLS identifier (formerly SIC Code), Dog License Applications: In order to get a doe license, owners are required to provide the owner's name and the dog's name; address of the animal; type/breed/sex; spay/neuter status; and rabies vaccination documentation. Personal Property Returns: Applications reauire the owner's name and address; SSN or FEIN; date of property acquisition or disposal; property descriptions; owner contact information.

Transportation No determination of legal status made prior to service provision. For participation in the Seniors on the Go program, applicants must provide proof of residency in Fairfax County and information about income, including income tax returns.

Vehicle Services Internal service agency.

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ATTACHMENT C COMMONWEALTH OF VIRGINIA

COUNTY OF FAIRFAX BOARD OF SUPERVISORS FAIRFAX, VIRGINIA 22035

MICHAEL R. FREY SULLY DISTRICT

SUPERVISOR SULLY PLANTATION

4900 STONECROFT BLVD. CHANTILLY, VIRGINIA 20151

TELEPHONE 703/814-7100 FAX 703/814-7110 '

EMAIL sully@fairfaxcounty.gov www.fairfaxcounly.gov

TO: Anthony Griffin County Executive OFFICE OF THE COUNTY EXECUTIVE

FROM: Michael R. Frey Sully District Supe

DATE: . July 18, 2007

SUBJECT: County Services to Undocumented Immigrants

The failure oftl|j|||ngress to pass comprehensive immigration reform, and the receniHrorts of Prince William and Loudoun Counties, have brought the immigration issue to the front burner. My office is getting a rapidly increasing number of calls and emails from constituents asking about the costs and kinds of services provided by the County to undocumented immigrants. Quite frankly, I am also getting many constituents demanding the Fairfax County Board of Supervisors adopt a Prince William County type resolution.

I believe it is important for accurate information to be the basis on which opinions are formed and decisions made. I also think there is a scarcity of accurate information regarding the actual costs of illegal immigrants. Most opinions appear to be based on emotionalism and anecdotal evidence, and not on facts. .

Therefore, I would like to ask staff to provide me with information regarding access to services by undocumented immigrants and the costs of providing such services. In addition to any general information relating to the question — particularly Supreme Court decisions or Federal and/or State

Page Two July 18, 2007

laws either mandating localities provide services, or prohibiting them from doing so - please provide answers to the following questions.

1) What is the best estimate of the number of children in the school system who are from families here illegally, and what is the cost to the schools to educate them?

2) Under the "Penny for Housing" program, nearly 2,000 residential units have been purchased. According to the Department of Housing, most of these units are occupied by people who fall within the income guidelines adopted by the RHA and thus are allowed to continue their occupancy. Is there any effort to require these individuals to prove legal residency status?

3) According to a HCD spokesperson, as quoted in a Washington Post article a few weeks ago, there are nearly 11,000 people on a waiting list for affordable housing. Are these people asked for proof of legal residency status before being placed on the waiting list?

4) When someone is actually arrested, not just pulled over for traffic violations, is there any inquiry regarding immigration status?

I have also attached a letter from a constituent who has asked several fairly specific questions. This is quite representative of the inquiries I am getting, and your assistance in responding to his questions as well is appreciated.

Thank-you for your attention to this. If you have any questions, please call me.

MRF/kmb . . Attachment

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July 10, 2007

: Page 1 of 2 Supervisor Michael R. Frey Via Fax: 703-814-7110 Sully District Governmental Center . 4900 Stonecroft Boulevard Chantilly, VA. 20151

Dear Supervisor Frey, •

I don't know where you stand with respect to illegal immigration, but I have learned a lot from the recent events in neighboring Prince William County. Unless you already have the facts at hand, it would seem prudent to evaluate the cost that illegal immigrants are having on Fairfax County,

Specifically, can you tell me the following?:

1. What percentage of Fairfax County's inmate population consists of people who reside in the U.S. illegally? , *

2. What percentage of the County's public school population consists of children who are in the U.S. illegally or whose parents are residing in the U.S. illegally?

3. What percentage of the workload in the County's Juvenile and Domestic Relations District Court is connected to people residing in the U.S. illegally?

4. .What percentage of the workload in the County's General District Court is connected to people residing in the U.S. illegally?

5. For hospitals and clinics that receive funds from Fairfax County, what percentage of the traffic consists of people residing in the U.S. Illegally?

6. What percentage of funds expended by Fairfax County's social services agencies, including, but not limited to the Dept of Human Services, Dept. of

. Housing and Human Development, Fire and Rescue Dept., Dept. of Family Services, are spent on people that are in the U.S. illegally?

7. Of any expense that Fairfax County bears in connection with uninsured motorists, what percentage is associated with people who are illegally in the U.S.? .

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7/10/20*0? 4:52 BM FMH: Smooth Exposure Smooth Exposure TO] 705-814-7110 PAGE: 0 02 OF 002

Page 2 of 2 Supervisor Michael Frey

8. What amount of money is spent in Fairfax County public schools for t ranslators and special language instruction in connection with children who reside in the U.S. illegally or whose parents reside here illegally?

When these questions were answered in Prince William County, the answers were astonishing. The cost to the county was overwhelming, it would seem prudent to evaluate the cost of illegal immigration to Fairfax County and react accordingly. Specifically, I would like to see explicit legislation that would make legal residency a prerequisite for the use or receipt of Fairfax County services and facilities.

I have a big problem with my tax dollars being spent for people that are not supposed to be here In the first place. By the way, those people aren't paying taxes. And I think there is merit to having local governments pressure the federal government into handling the immigration problem.

Mr. Frey, do you agree that, it would be worthwhile to assess the cost of illegal immigration to Fairfax County? Or do you think it's better to have the tax-paying citizens of the county simpiy absorb the cost associated with any person that comes into the U.S. and then into Fairfax County illegally?