House Bill No. 1: Burning Up the Floor With Fiery Debate


By: Thomas Dannenfelser

A spirited debate took place on the House floor today. The matter of contention was House Bill 1, a bill protecting undocumented witnesses to and victims of a crime. The debate was a passionate back-and-forth that lasted nearly fifteen minutes.
House Bill 1 is the bill fostered by Tiffany Hidalgo, an impassioned advocate from Arlington’s Wakefield High School. Hidalgo urged fellow Senators to pass the bill, saying the undocumented feel they have nowhere to turn. She made the case that victims and witnesses are effectively “self-reporting themselves as undocumented.” Hidalgo cited the case of Gina DeJesus, a 25-year-old victim of a heinous kidnapping and subsequent rape. Gina was abducted by Ariel Castro, a Cleveland man. For ten grueling years, DeJesus was held captive in her kidnapper’s basement alongside two other victimized women. Castro dissuaded DeJesus from seeking out law enforcement by reminding her of undocumented status.
There is, in fact, a fair case that undocumented immigrants opt out of reporting crime out of fear. The Los Angeles Police Department has reported that in the month of January and February 25% fewer rape reports have been filed by Hispanic victims this year than in 2016. The Department says this could be due to fear toward prosecution by undocumented individuals.
House Bill 1 faced considerable pushback. Charlie Wallis was the bill’s most vocal opponent. “If we ignore crimes like illegal immigration, there is a double standard.” “Ten out of ten undocumented immigrants committed the crime of entering the United States illegally.” Hidalgo called Willis’ statement “absolutely ridiculous.” She pointed out that if someone had committed underage drinking and were raped, they would not be charged with drinking illegally. Rather, the rapist would be charged for his offense. This should be the case for the undocumented, Hidalgo insists.
House Bill 1 would overrule a current law in the Commonwealth. Attorney General Ken Cuccinelli voiced his opinion in 2010 regarding undocumented individuals. Cuccinelli said that officers are allowed to check the immigration status without probable cause. While this opinion does not equate to law, it is a precedent for the Legislature. Hidalgo admitted that the language of the bill leaves room for confusion. The bill specifically offers protections to “cooperating witnesses,” while failing to mention non-cooperating witnesses. When posed this question, she responded that it was merely a matter of semantics.

Hidalgo feels very strongly about this legislation. This is due partly to the connection she has to the plight of the undocumented. Her mother advocates for undocumented individuals and has witnessed clients who have been too intimidated to report a crime. She said with regard to the scenario, “I am appalled.”

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