On May 12, 2011, after months of delay and inaction by U. S. Immigration and Customs Enforcement and the Department of Homeland Security, Gov. Bob McDonnell wrote Secretary Janet Napolitano requesting immediate approval of the Commonwealth’s application for the Virginia Department of State Police to be granted limited immigration enforcement authority under a 287(g) agreement, pursuant to the Immigration and Nationality Act.
McDonnell spoke to Secretary Napolitano on May 1, 2011 to request a prompt approval of Virginia’s 287(g) application. In the follow-up May 12, 2011 letter to the Secretary, McDonnell wrote, “The application lodged by the State Police meets all requirements and expectations set forth by ICE. We have patiently waited nine months for formal approval and the time to act is now.”
“It has always been my position that as a nation of immigrants we seek to be refreshed both economically and culturally by the contributions of lawful immigration. Welcoming lawful immigrants is a hallmark of our nation’s history, and should continue to be so in the future. However, we must retain the right to remove the most dangerous illegal aliens from our borders, and 287(g) agreements have been approved across the country for that purpose. Virginia must have the ability to exercise this authority statewide,” McDonnell said today.
Under the proposed terms of a memorandum of agreement between ICE and Virginia State Police, a select number of sworn agents and troopers would be given the authority to assist in removal of criminal illegal aliens who engage in terrorism, major drug and gang offenses, or violent crimes such as murder, manslaughter, rape, robbery, kidnapping, and other specific offenses. The Commonwealth has requested approval for a taskforce model agreement that would authorize 28 officers statewide to be trained under 287(g). Virginia’s Secretary of Public Safety, Marla Graff Decker, and Virginia State Police have excellent working relationships with ICE based on prior successful joint operations such as Operation Cold Play and Operation SOAR.
Secretary Decker has been in regular contact with ICE Assistant Secretary John Morton and his staff since the time of the application. The partnership between Virginia and ICE is strong and would only benefit from this additional initiative.
Although Virginia meets all qualifications for authorization under the program, according to public sources, no new statewide taskforce models have been implemented by ICE since 2009. Virginia localities with previously approved 287(g) agreements are: City of Manassas Police Department, Herndon Police Department, Loudoun County Sheriff’s Office, Manassas Park Police Department, Prince William-Manassas Adult Detention Center, Prince William County Police Department, Prince William County Sheriff’s Office, Rockingham County Sheriff’s Office, and Shenandoah County Sheriff’s Office.
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