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Local police to handle illegal immigrants?

State Attorney General Bob McDonnell (www.bobmcdonnell.com) is pushing a law enforcement measure that even some police officers oppose. On January 17, he asked Governor Tim Kaine to allow State Police to enter into agreements with federal Immigration and Customs Enforcement (ICE) (www.ice.gov) to enforce immigration, and is supporting two bills that would allow localities federal immigration enforcement powers.

The measures would let State and local police detain people whom they believe are in the country illegally. “Our outstanding law enforcement officers already routinely make contact with such individuals but have no power to detain them for immigration offenses,” McDonnell said in a press release.

Thanks, local police say, but they have enough on their plates.


City Police Chief Timothy J. Longo says his force doesn’t have the resources to play immigration officer. There are curently cop shortages in both the city and the county.

According to Albemarle Police Lieutenant John Teixeira, illegal immigrants come into contact with the system through things like routine traffic stops, just like citizens. “Normally what happens is that unless there’s an arrest made, no information is passed on to federal authorities,” says Teixeira.

Cops only notify ICE when suspects are picked up for serious misdemeanors and felonies. When such an arrest is made, “early on you usually realize they have no documentation,” Teixeria says.

City Police Chief Timothy J. Longo confirms, via e-mail, that a suspect’s immigration status is only called into question after an arrest. Since ICE set up operations in Harrisonburg, there has been improved federal response when local cops find a problem.

Governor Tim Kaine has opposed McDonnell’s proposal for its redundancy, but supports local communities that want to participate in ICE training.

Police are reluctant to get between the attorney general and governor over the issue. But, with significant cop shortages in the city and county, local police are unlikely to look toward expanding their powers—or their duties.

“As a practical matter, I don’t have the operational capacity to get into the business of immigration enforcement,” Longo says.

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