Thread: VA - Attorney Gen. Challenges Kaine To Seek Fed. Immigration

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Attorney General Challenges Kaine To Seek Federal Immigration Authority

Jan 20, 2007 08:57 AM CST


Gov. Timothy M. Kaine needs to seek federal authority for some state law-enforcement agencies to enforce immigration laws in the course of investigating violent crimes, Attorney General Bob McDonnell said.

McDonnell, a Republican, challenged the Democratic governor to reconsider his decision not to enter into federal agreements that allow state agents to use federal law to civilly detain illegal immigrants they encounter during criminal investigations.

Local and state authorities can only hold illegal immigrants for up to 72 hours, and then only if they have been convicted of a felony, deported and then returned to Virginia, McDonnell said. By entering an agreement with the federal Bureau of Immigration and Customs Enforcement, he said, illegal immigrants they've arrested for crimes could be held until they're picked up by the Department of Homeland Security.

"Our citizens are calling out for solutions. Unfortunately, the federal government has provided neither the resources nor the manpower to enforce federal immigration laws within ... Virginia," McDonnell said during a news conference.

The proposal alarmed advocates for immigrant groups who say the measure is unnecessary and creates fear among law-abiding immigrants that distances them from police. Kaine said he is concerned about the costs of the state doing the federal government's work, that it would interfere with the core mission of the state police and possibly undermine effective agreements the state already has in place with ICE.

"I think we have statutes on the books and a partnership with ICE already in place that's doing the job, so for that reason I say that memorandum is not needed right now," Kaine said. "I don't want to pick up the budgetary responsibilities that ICE has. That's a federal responsibility. What we want to do is demand of our federal delegation of legislators that they provide the appropriate to anti-immigration activities and not ... have Virginia state taxpayers pick up the bill," he said.

Kaine isn't the first governor to dismiss the idea. Former Gov. Mark R. Warner also declined an agreement with ICE for similar reasons. McDonnell said giving state authorities federal immigration enforcement rights would empower Virginia law enforcement agencies, not interfere with them, and it would cost the state little.

"I don't see the great additional burden on local law enforcement," McDonnell said at a news conference. "We can't keep saying (illegal immigration is) a federal issue and we're helpless in Virginia to do anything about it because we're not," he said. Several Virginia localities, including Herndon, Prince William County and Harrisonburg, already exploring agreements with ICE independent from the state, McDonnell said.

Sen. Jay O'Brien and Del. Thomas D. Rust, both R-Fairfax County, have introduced bills that would clear obstacles in state law that would prevent localities from enforcing federal immigration laws.

Claire Guthrie Gastanaga, a lobbyist who represents immigrant groups, said McDonnell failed to convince her of a need for giving state and local authorities federal enforcement powers. "It creates a fear in the community that distances them from their local police further damages the faith in the community rather than enhances it," she said.

(Copyright 2007 by The Associated Press. All Rights Reserved.)

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McDonnell: Allow state enforcement of immigration laws
By GILLIAN GAYNAIR, The Virginian-Pilot
© January 18, 2007 | Last updated 11:53 PM Jan. 17



RICHMOND - Attorney General Bob McDonnell called Wednesday for state elected leaders to seek federal approval for law enforcement officials in Virginia to enforce federal immigration laws.

McDonnell asked Gov. Timothy M. Kaine to allow Virginia to participate in a federal program that would give state law enforcement the ability to detain violent felons suspected of being in the country illegally.

He also expressed support for two bills, HB2926 and SB1045, that seek to give cities and counties similar authority to enforce federal immigration laws.

While in the midst of criminal investigations, McDonnell said law enforcement officers will encounter people they believe to be illegal immigrants, "yet we have no ability to detain those for violation of the federal immigration law."

McDonnell said police can hold someone 72 hours for being in the United States unlawfully, but that's only if the person had been previously convicted of a felony, deported and then returned to the United States.

On Wednesday, McDonnell urged Kaine to allow the state to partner with Immigration and Customs Enforcement so that designated officers could receive training in federal immigration law enforcement. Among the agencies where personnel should be trained, McDonnell said, are Virginia State Police, the Department of Motor Vehicles and the Department of Corrections.

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Officers who get the training would have the authority to detain a suspect they have reason to believe is in the country unlawfully. Their authority to do so, McDonnell said, would be limited to investigations of certain violent crimes.

The federal government pays for the training, he said, adding that a handful of states, including North Carolina, are already participating in the partnership.

In Virginia, the town of Herndon was recently accepted into the federal training program. Del. Tom Rust, R-Fairfax, who represents Herndon, is sponsoring one of the two bills that would reflect state support for localities that want to participate in the program.

Kaine said Wednesday that if local communities want to take such steps, the state shouldn't intrude. Kaine said McDonnell's proposal to seek training with Immigration and Customs Enforcement is impractical, particularly because the state already partners with the organization on various levels to combat illegal immigration.

The governor was also concerned that the proposed agreement with the agency would hinder immigrant communities from cooperating with state and local authorities in criminal matters.

McDonnell said law enforcement authorities would not have the authority to conduct "sweeps" of locations they believe to house unlawful immigrants, nor would witnesses or crime victims who are undocumented be vulnerable.

Still, attorney Cristina Rebeil was concerned that expanding officers' authority would increase chances of racial profiling.

"We are for the rule of law," said Rebeil, of the Virginia Poverty Law Center, "but we're very concerned that it's being targeted toward Latinos."

Claire Guthrie Gasta?aga, a representative for the Virginia Coalition of Latino Organizations, said McDonnell did not present anything that "suggested that there was something that we needed civil authority for that we did not already have a way to address under our existing laws."

Expanding law enforcement officers' authority would create fear in immigrant communities, distance people from the police and "further damages safety in the community rather than enhance it," Gasta?aga said.


Reach Gillian Gaynair at (804) 697-1580 or gillian.gaynair@pilotonline.com.

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USER COMMENTS

Comments 1 - 6 of 6


Hopefully they start with the HarborView area of Suffolk. (hide comment)
We are being overrun by illegals. The arguement of "they're doing the jobs Americans don't want" is bogus. Proof of that is the resent crack down at the Tyson Chicken processing plants. Americans were standing in line to fill these jobs after the illegals were taken away. The same goes with construction jobs and other jobs that are being taken away from us by these illegals. I'm tired of their rudness and I'm tired having to pay extra taxes to provide official documents in spannish. I'm also tired of having to pay more in health care so that the illegals can be treated for free because they don't have insurance and give fake names because they know the hospitals cannot turn them away. They are also causing a strain on the school system and other public systems. If someone is really wanting to come to our country, then make them do it legally. I'd rather pay to keep them out, than to pay to have them here and destroy our country.
- Debbie N. - Suffolk Hopefully they start with the HarborView area of Suffolk. (view comment)

Racial profiling?? (hide comment)
I'm gonna take a wild guess and say that you must be a white guy who has never had anyone discrimminate against you. That could be the only possible conclusion to that assinine question of why does race play into every matter any more.... Even if your not white, you must not live in the real world. If they are illegal immigrants, they are illegal and should be put out. But the situation begs...will the white illegal immigrants be subject to the same treatment, or is it only reserved for the Hispanics? Haitians? Africans? Etc....
- z a. - Chesapeake Racial profiling?? (view comment)

Illegal is illegal (hide comment)
Why is that there always seems to be one group or another that speaks out against things like this. Is it because their group seems to be the predominant ones that are the cause for this kind of action? An illegal is an illegal no matter what culture you are from. If you are here illegally, shame on you. You have no special rights as far as I'm concerned. But you are costing me as an American citizen and those that become naturalized citizens, money that could be used to help out our fellow Americans. So if you are here illegally, then either leave and don't come back, or go through the proper channels and become legal here in the US of A.
- Samuel M. - Goose Creek Illegal is illegal (view comment)

Why the limits? (hide comment)
Every sworn local and state Law Enforcement officer should have the training and authority to arrest those person that are in the U.S. illegally. Don't limit their authority to enforce the law! There should be random highway checkpoints set up similar to those to arrest DUI offenders. The drivers and passengers would show proof of legal residence and be on their way in seconds. Employers should be charged with a criminal offense for giving work to illegals. If found guilty, they should be jailed, not just fined. This whole immigration issue is a mess because of neglect. It is apparent Congress will not properly fund immigration control and enforcement. The States must take charge of this issue and protect the quality of life for their lawful residents. If elected officials were truly representing the best interests their constituents and the Commonwealth, this would not be an issue. To Congress and the Virginia Legislature I say, "Get to work!"
- T Smith - Virginia Beach Why the limits? (view comment)

Who Knew? (hide comment)
Who knew that local enforcement officers could not do this already? I didn't. So join the partnership and get the training--this is what Homeland Security is all about, not invading Iraq and Afganistan. As for the comments from the representative from the VCLO: If I break the law I should be afraid of the resulting punishment, that is why we have laws and punishment. The only reason for immigrant communities to be afraid is if they are breaking the law--is it not the same in the countries where they came from? Did they come to break laws and get away with it?
- Joel M. - Virginia Beach