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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.


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.