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

Introduced By

Del. Dave Albo (R-Springfield)

Progress

Introduced
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. Read the Bill »

Outcome

Bill Has Failed

History

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

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