Citizenship of arrestee; arresting officer to ascertain. (HB2332)

Introduced By

Del. Scott Lingamfelter (R-Woodbridge)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Arresting officer to ascertain citizenship of arrestee.  Supplements the existing law that requires sheriffs to make a query into legal presence when a person is "taken into custody" at a jail. This bill expands such inquiries by requiring inquiries of everyone arrested, independent of whether they were taken into custody at a jail, and requires that an arresting officer inquire of every arrestee whether he (i) was born in a country other than the United States and (ii) is a citizen of a country other than the United States, and that if the person responds he was born in another country and is not a citizen of the United States, the officer shall make an immigration alien query to the Law Enforcement Support Center of the U.S. Immigration and Customs Enforcement and shall communicate the results of any immigration alien query to the Central Criminal Records Exchange of the Department of State Police in a format approved by the Exchange. The bill further provides that when a warrantless arrest is made and the law-enforcement officer finds probable cause to believe that the person is not legally present in the United States, he shall communicate to the judicial officer the facts and circumstances underlying his belief. If the judicial officer concurs in the determination of the officer and makes the further determination that the person will not appear for trial or hearing, the judicial officer may refuse to admit the person to bail. Read the Bill »


Bill Has Failed


01/12/2011Prefiled and ordered printed; offered 01/12/11 11101856D
01/12/2011Referred to Committee for Courts of Justice
01/19/2011Assigned Courts sub: #3 Immigration
01/24/2011Impact statement from DPB (HB2332)
01/28/2011Subcommittee recommends incorporating (HB1430-Albo)
01/31/2011Incorporated by Courts of Justice (HB1430-Albo)
02/04/2011Committee reconsidered previous action by voice vote
02/04/2011Reconsidered by Courts of Justice
02/04/2011Reported from Courts of Justice with substitute (15-Y 6-N) (see vote tally)
02/04/2011Committee substitute printed 11105126D-H1
02/06/2011Read first time
02/07/2011Read second time
02/07/2011Committee substitute agreed to 11105126D-H1
02/07/2011Engrossed by House - committee substitute HB2332H1
02/08/2011Read third time and passed House (68-Y 31-N)
02/08/2011VOTE: PASSAGE (68-Y 31-N) (see vote tally)
02/09/2011Constitutional reading dispensed
02/09/2011Referred to Committee for Courts of Justice
02/11/2011Assigned Courts sub: Immigration
02/22/2011Left in Courts of Justice


This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 9 clips in all, totaling 8 minutes.


VACOLAO, tracking this bill in Photosynthesis, notes:

Under a Virginia law enacted in 2008, Virginia is one of only two states in the nation that checks the immigration status of every person arrested and taken into custody for a crime and presented at the jail. No evidence has been shown that this expansion of that mandate makes sense, and the fact is that it would result in persons having their status checked twice, take officers off the street and make us all less safe without any concommitant benefit. VACOLAO opposes this bill.