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County of Fairfax, Virginia

DATE:
TO:
FROM:

SUBJECT:

OCT % J,2014
Board of Supervisors
/
EdwardDng Jr.
County
utive
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
County.
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.

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.

Board of Supervisors
Subject: Update on Unaccompanied Children in Fairfax County
Page 3 of 4

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

'

County of Fairfax, Virginia


MEMORANDUM

DATE:

November 20, 2007

TO:

Michael Frey
Supervisor, Sully District

FROM:

Anthony H. Griffin
County Executive

SUBJECT:

Fairfax County Services to Undocumented Immigrants

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.

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.
2.
3.
4.

Items and services to treat emergency medical conditions:


Short-term, non-cash, in-kind emergency disaster relief;
Immunizations for testing and treating of communicable diseases;
Programs, services, or assistance as specified by the U.S. Attorney General that provide inkind 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.

Board of Supervisors
Fairfax County Services to Undocumented Immigrants
Page 4 of 6
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)
$3.8 million
Based on information provided by the Office of the
($5.0 million in County costs
Sheriff, there were an estimated 4,300
offset by $1.2 million in
undocumented immigrants committed in FY 2007
SCAAP revenue.)
for a total of approximately 40,000 prisoner days @
$126/day.
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.

Board of Supervisors
Fairfax County Services to Undocumented Immigrants
Page 5 of 6

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

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

Department of Housing and Community Development


Public Housing
Section 8/Housing Choice Voucher Program
1
Partnership for Permanent Housing
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.

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.

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,

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:

IX

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
Administration for Human Services

Animal Shelter
Cable Communications and
Consumer Protection

Circuit Court
Civil Service Commission
Commonwealth's Attorney
Community and Recreation Services
County Attorney
County Executive
Economic Development Authority
Elections

Emergency Management
Equity Programs
Facilities Management

COMMENTS
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.
No determination of legal status made prior to service
provision.
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, goingout-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.
No determination of legal status prior to provision of service.
Internal service agency.
Provides services to County
employees only.
No determination of legal status prior to service provision.
No determination of legal status prior to service provision.
Internal service agency.
No determination of legal status made prior to service
provision.
No determination of legal status made prior to service
provision.
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.
No determination of legal status made prior to service
provision.
No determination of legal status made prior to service
provision.
.
Internal service agency.

4 OF f 5-.

AGENCY
FFX-FC Community Services Board
Family Services

Finance

Financial and Program Auditor


Fire and Rescue
General District Court
Health

Housing and Community


Development

COMMENTS
No determination of legal status made prior to service
provision except in services requiring Medicaid eligibility.
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.
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.
...
Internal service agency.
The FRD does not require nor request confirmation of legal
status as a condition of services provided.
No determination of legal status prior to service provision.
No verification of legal status required prior to service
provision. In the cases
permitting, (e.g., swimming pools,
mobile food vans) individuals or owners must already have
received a business license to operate from another entity.
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.

of

For properties financed with County funding rather than


federal funding, the applicants must present Social Security
cards, driver's licenses and/or birth certificates.

S OF I%

AGENCY

COMMENTS

Human Resources

Human Rights
Information Technology
Internal Audit
Juvenile and Domestic Relations
Court

Library

Management and Budget

Park Authority
Partnerships

Planning and Zoning


Planning; Commission
Police
Public Affairs
Public Safety Communications
Public Works and Environmental
Services

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

d p o f - 1L

AGENCY
Purchasing and Supply Management

COMMENTS
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."

Retirement systems
Sheriff
Systems Management for Human
Services

Any foreign corporation transacting business in Virginia shall


secure a certificate of authority as required by Section 13.1
757 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.
Internal service agency,
Provide services to County
employees only.
Inmates are asked legal status. Service provided' regardless of
legal status.
...
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.

*7 of J3-

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
Disabled: Detailed documentation identifying income and

Transportation

Vehicle Services

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
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 countywide. 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.
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.
Internal service agency.

? Of

I^

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

FROM:

Michael R. Frey
Sully District Supe

DATE: .

July 18, 2007

OFFICE OF THE COUNTY EXECUTIVE

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

10

\p-

July 10, 2007

Page 1 of 2

Supervisor Michael R. Frey


Sully District Governmental Center
4900 Stonecroft Boulevard
Chantilly, VA. 20151
Dear Supervisor Frey,

Via Fax: 703-814-7110


.

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.
2.
3.
4.
5.
6.

7.

What percentage of Fairfax County's inmate population consists of people who


reside in the U.S. illegally?
,
*
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?
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?
.What percentage of the workload in the County's General District Court is
connected to people residing in the U.S. illegally?
For hospitals and clinics that receive funds from Fairfax County, what percentage
of the traffic consists of people residing in the U.S. Illegally?
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?
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.?

I ! *( I X

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?