HB1918: Illegal aliens; presence unlawful in State, penalty.
Be it enacted by the General Assembly of Virginia:
1. That § 19.2-81.6 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 18.2-504.2 as follows:
§ 18.2-504.2. Federal illegal alien status unlawful in Virginia; penalty.
A. Any alien who is present in the United States illegally, as verified by the Law Enforcement Support Center of the Bureau of Immigration and Customs Enforcement of the United States Department of Homeland Security, is guilty of a Class 1 misdemeanor.
B. Subsection A shall not apply to any alien who is actively and lawfully seeking political asylum in the United States.
§ 19.2-81.6. Authority of law-enforcement officers to arrest illegal aliens.
All law-enforcement officers enumerated in §
19.2-81 shall have the authority to enforce immigration laws of the United
States, pursuant to the provisions of this section. Any law-enforcement officer
enumerated in § 19.2-81 may, in the course of acting upon reasonable suspicion
that an individual has committed or is committing a crime or a traffic
infraction, arrest the individual
without a warrant upon receiving confirmation from the Law Enforcement
Support Center of the Bureau of Immigration and Customs
Enforcement of the United States Department of Homeland Security that the
individual (i) is an alien illegally present in
the United States, and (ii) has previously been convicted of a
felony in the United States and deported or left the United States after such
conviction. Upon receiving such confirmation, the officer shall
take the individual forthwith before a magistrate or other issuing authority and
proceed pursuant to § 19.2-82. All law-enforcement
officers enumerated in § 19.2-81 shall have, in addition to the arrest
authority set forth therein to
enforce the laws of the Commonwealth, the
authority to enforce immigration laws of the United States, pursuant to the
provisions of this section.
