Immigration query at arrest; law-enforcement officer to determine status after legal stop, etc. (SB460)

Introduced By

Sen. Dick Black (R-Leesburg)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Immigration query at arrest or during detention.  Provides that when a law-enforcement officer lawfully detains a person following a lawful stop, detention, or arrest of such person for a suspected criminal offense or traffic infraction or upon reasonable suspicion of criminal activity and, during the detention, based upon certain prescribed inquiries of the detainee and ICE, the officer forms a reasonable suspicion that the person is unlawfully present in the United States, the officer shall make a reasonable effort during the detention, when practicable, to determine whether the person is lawfully present, unless the determination would hinder or obstruct an investigation. The bill also sets out procedures to be followed by a judicial officer who would make a bail determination for such an arrestee. Read the Bill »


Bill Has Failed


01/11/2012Prefiled and ordered printed; offered 01/11/12
01/11/2012Prefiled and ordered printed; offered 01/11/12 12102331D
01/11/2012Referred to Committee for Courts of Justice
01/25/2012Failed to report (defeated) in Courts of Justice (7-Y 7-N 1-A) (see vote tally)
01/30/2012Impact statement from DPB (SB460)
01/30/2012Failed to report (defeated) in Courts of Justice (7-Y 7-N 1-A) (see vote tally)


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.

Margaret M McCabe writes:

This is adding another duty on the officer who needs the time to follow-up on the reason he detained the person in the first place
and continue to see about safe communities.

To do unrelated "questioning" on immigration status on "certain People" is nothing but racial profiling

Margaret M Keating writes:

This bill follows the example of Alabama laws, and what do we see there? The immigrants legal and illegal have left. Billions of dollars in crops are rotting in the fields, Foreign companies are afraid to invest in the state. Tourism is taking a hit, and people live in fear of the police and of reporting crimes. The state is being faced with lawsuits for racial profiling and creating its own immigration statutes.
Are we trying to destroy Virginia's economy to seem tough?