The Virginian-Pilot
                             THE VIRGINIAN-PILOT 
              Copyright (c) 1995, Landmark Communications, Inc.

DATE: Tuesday, January 17, 1995              TAG: 9501170292
SECTION: LOCAL                    PAGE: B7   EDITION: FINAL 
SOURCE: ASSOCIATED PRESS 
DATELINE: RICHMOND                           LENGTH: Medium:   84 lines

SENATOR WANTS VIRGINIA TO GET TOUGH ON ILLEGALS

A state senator from Northern Virginia, home to thousands of immigrants, says a crackdown on illegal immigrants similar to a program passed in California would be a good idea in Virginia.

If Sen. Warren E. Barry has his way during this year's session of the General Assembly, Virginia could become the second state to get tough on illegal immigrants through a public referendum.

Its sanctions might not be as sweeping as those contained in California's Proposition 187, but they would cut off significant government aid to people without proof of legal residency.

Virginia has only 40,000 undocumented immigrants, about six-tenths of 1 percent of its population.

But Barry, a Fairfax Republican, wonders whether they strain services that should be devoted to legal residents. He fears that the cost of providing them with schooling, nutrition programs and medical care is too high, and growing higher.

At the least, Barry says, he wants a bill requiring the state Health and Human Resources Department to set up a registry and charge the federal government for the cost of services to undocumented immigrants. He said he expects to introduce some sort of measure in the General Assembly this week.

``If the statistics show this is a growing problem and we, in fact, have become a breeding ground for illegal immigrants, then I think we have to take some steps,'' said Barry, who is awaiting estimates from state health and education officials on the cost of services provided to illegal immigrants.

Barry said he believes he has the ``implicit endorsement'' of Gov. George F. Allen, who last year tried to cut off education programs to illegal residents older than 18. But in a recent interview, the governor brushed off a question about the subject, saying illegal immigrants are not a pressing issue.

``I have no desire to violate anyone's rights or be depicted a racist,'' Barry said. ``I'm not totally comfortable with this issue, but, if it's necessary, I'll do what has to be done.''

Last year, when Barry pushed similar but harsher legislation, he failed. This year, critics say, he could succeed.

``Without equivocation, we do have a problem,'' conceded one opponent, Del. Alan A. Diamonstein, D-Newport News. ``But how one solves it is a ticklish situation. You've got to look after the people who are here legitimately.''

About 80 percent of Virginia's illegal residents live in Northern Virginia. In pressing his argument, Barry cites Fairfax County, where he says annual per-pupil costs for non-English-speaking students sometimes are more than double the county's $6,200 average for all students.

``The bottom line is the quality and variety of education is going to have to be cut . . . or Fairfax County is going to have to ask for a tax increase,'' Barry said.

Dolores Bohen, spokeswoman for Fairfax schools, disputed his figures, saying Fairfax has not broken out the costs of educating undocumented immigrants.

Barry's legislation is likely to include a provision that educators wait 90 school days before expelling undocumented students; those who paid tuition would be allowed to stay.

Unlike last year, Barry will not press for a requirement that government employees, including school officials and health clinic workers, report undocumented immigrants to federal immigration officials.

``This is not California,'' said Juan Milanes of the Latino Civil Rights Task Force in Washington. ``Only 5 percent of the state is Hispanic; of that, 90 percent are legal residents. This is not a fiscal problem. If anything, this is a diversion.''

``Of course people should pay their own way. If they don't work, they shouldn't get benefits,'' said Yvonne Benner, publisher of El Sol, a monthly Spanish-language newspaper in Richmond. ``But the bottom line is it's a divisive issue targeted to let people know immigrants are not wanted.''

The constitutionality of last November's referendum in California's proposition is being challenged in court. There are also efforts to limit services to immigrants in Florida, Arizona and Colorado.

Members of the Republican-controlled Congress have suggested a moratorium on legal immigration, and the GOP's latest welfare reform plan would cut off welfare to all noncitizens, regardless of their legal status.

The Urban Institute, a national policy research group in Washington, says the number of illegal immigrants in the country has grown significantly in recent years, to about 3.4 million, most of whom live in six states. by CNB