Immigration query at arrest; law-enforcement officer to determine status after lawful traffic stop. (HB472)

Introduced By

Del. Dave Albo (R-Springfield)

Progress

√
 Introduced
X
 Passed Committee
☐
 Passed House
☐
 Passed Senate
☐
 Signed by Governor
☐
 Became Law

Description

Immigration query at arrest or during detention.  Provides that when a law-enforcement officer lawfully detains a person who cannot produce a drivers license or properly identify himself following a lawful traffic stop, the officer is authorized, during the detention, to make certain prescribed inquiries of the detainee and of U.S. Immigration and Customs Enforcement (ICE). If the officer forms a reasonable suspicion, on the basis of such inquiries, that the person is unlawfully present in the United States and determines that the person has also been previously deported, the officer may arrest the person or, if he has not been previously deported, detain the person for transfer of custody to the federal government. View Full Text »

Outcome

Bill Has Failed

History

  • 01/10/2012 Committee
  • 01/10/2012 Prefiled and ordered printed; offered 01/11/12 12103105D
  • 01/10/2012 Referred to Committee for Courts of Justice
  • 01/16/2012 Assigned Courts sub: #3 Immigration
  • 01/30/2012 Impact statement from DPB (HB472)
  • 02/14/2012 Left in Courts of Justice

Comments

VACOLAO, tracking this bill in Photosynthesis, notes:

VACOLAO opposes this bill which would require an immigration status check of everyone issued a summons for even the most minor offenses (like loitering). The legislation will take state and local police officers off the streets and impose an unfunded mandate on localities because of the need for more officers to make up for the time spent.

Posted 17 months ago.
lou hart writes:

With all due respect, and to me as a long-time Virginia citizen, this status checking could be:

-----sometimes onerous for the policewoman or policeman at a busy traffic incident-----and perhaps forcing law enforcement to compromise on the strict "legislated required mandated status checking."

-----and also, just because of human nature, policewomen and policemen will be struggling to steer completely clear of racial profiling-------which in law enforcement in tough day-to-day policing situations may not always that easy.

Thank You,
Lou Hart

Posted 16 months ago.