Police Can and Should Cooperate with ICE, Miyares Says
by James A. Bacon
State law enforcement officials have the authority to cooperate with federal Immigrations and Customs Enforcement (ICE) officials in detaining illegal immigrants, said Attorney General Jason Miyares in an AG opinion released yesterday. Moreover, he added, they have a moral obligation to do so.
But Virginia law enforcement is not required to work with ICE, and so-called sanctuary cities are permitted to look the other way while the feds go about their business.
“To our sheriffs who already cooperate with ICE on immigration matters: Thank you,” said Miyares. “To those who refuse to cooperate with ICE: Shame on you.”
Miyares issued the advisory to clarify the interpretation of his predecessor, Democrat Mark Herring, which left local law enforcement with questions about their obligations to collaborate with ICE.
“This opinion should finalize and clarify a matter that ought never to have been confused in the first place,” Miyares said. “Virginia’s law enforcement professionals have both the authority and a moral duty to cooperate with every lawful federal immigration order to the maximum extent possible. Should an illegal immigrant be detained in a Virginia jail, there is nothing in law preventing our local and state law enforcement from cooperating with federal agencies.”
“Our law enforcement professionals deserve the maximum support and cooperation of our communities and our Commonwealth, especially when it comes to immigration enforcement and keeping our communities safe,” he added. “Likewise, Virginians should rest easy knowing that our local and state law enforcement are doing their utmost to work alongside our federal immigration agencies — and not against them.”
The AG Office’s press release highlighted four key points:
Federal law permits authorized personnel serving as “immigration officers” to detain aliens civilly for removal purposes;
Federal law contemplates state and local cooperation in the enforcement of immigration law via formal agreements and less formal means;
Permissible cooperation includes working together for the transfer of aliens from state or local custody to federal custody for removal proceedings;
Prerelease notification pursuant to an ICE detainer is critical to facilitating these lawful transfers, and such notification and transfer are clearly authorized under Virginia law.
“We are indeed a nation of immigrants,” said Miyares, who is the son of a Cuban immigrant. “Yet first and foremost we are a nation of laws whose observance remains the only sure foundation of any free society. ICE detainers should be honored not just as a matter of public policy, but more so because it is the right thing to do.”
