Broad measures to battle illegal immigration in Loudoun County are handcuffed in part because the General Assembly has rejected or delayed plans in the past to give local governments more authority to address the incendiary issue in recent years.

County Attorney Jack Roberts told the Loudoun County Board the courts have ruled that a failure to pass measures giving local governments broader power can be interpreted as a denial of that power by the state.

“If the General Assembly fails to pass legislation dealing with a subject giving local governments authority to do something, there is case law that presumes the General Assembly did not want you to have that authority,” Roberts said.

On key issues such as punishing businesses for hiring illegal immigrants, the legislature’s previous consideration could be a basis for a strong legal challenge, Roberts said.

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The Republican-led General Assembly is set to consider a smorgasbord of illegal immigration measures in the 2008 session, including new penalties for companies that hire illegal immigrants.

Roberts has instead recommended a provision requiring compliance with all federal, state and local laws instead of stating the county’s intention to enforce federal immigration hiring laws.

“Unfortunately, or fortunately, we’re creatures of the General Assembly, and we’ve got (in most areas) to find some authority from the General Assembly,” Roberts said. The question is, Roberts said, “Can we find something to hang our hats on in the state code?”

Supervisor Mick Staton said he had trouble understanding the issue, saying that Loudoun County should have more power to address the local problems of illegal immigration.

Supervisors identified a series of other tactics, including enforcing overcrowding laws, limiting

funds for some nonprofit organizations and denying some services where they have the authority to act.

The county could still have the power to enact new measures, Del. Bob Marshall said, and he has asked the Attorney General’s Office for an unofficial opinion.

dgenz@dcexaminer.com