RICHMOND, Va. — The day after Gov. Glenn Youngkin announced a proposed ban on "sanctuary cities" in Virginia, CBS 6 looked at federal immigration policies within local jails and police departments.
During Thursday's announcement, Youngkin stated that up to $700 million in state funding is at risk for localities that do not comply with a proposed amendment regarding ICE detainers.
While specific budget language has yet to be released, a fact sheet from the governor's office indicates the amendment targets sanctuary cities that have policies obstructing communication or cooperation with ICE.
“They will give them 48 hours' notice before someone who's under an ICE detainer is released, and then they will give them the requisite time to come get them, and we will cooperate,” Youngkin explained.
According to ICE's website, a detainer is a request for jails to notify ICE before releasing an undocumented immigrant in their custody, allowing for an additional 48-hour hold. Youngkin noted that while state prisons comply with these requests, many localities do not.
“They need to be dealt with and deported,” Youngkin said.
Democrats have criticized the Governor's announcement, describing it as a political maneuver. Senate Majority Leader Scott Surovell expressed concerns that the policy may lead to fewer reported and solved crimes. He pointed out that state law already requires jails to determine a person's immigration status and notify federal authorities if the individual is a non-citizen.
Surovell referenced a 2015 opinion from Virginia's then-Democratic Attorney General, stating that a detainer is merely a request and does not impose a legal obligation on law enforcement to hold an individual without a signed judge’s warrant.
“You can only hold somebody based on a warrant that's signed by a judge,” Surovell stated.
Current Republican Attorney General Jason Miyares issued his own opinion in September, asserting that sheriffs have the authority and moral obligation to comply with detainers, though he did not classify it as a requirement.
CBS 6 reached out to the Governor's office for a list of departments that could be deemed non-compliant and risk funding cuts, but received no response. However, the fact sheet mentioned Richmond's policies from 2017.
Local police departments in the region were also contacted for their policies regarding the amendment. None reported having written agreements with ICE.
Richmond officials stated uncertainty about the amendment's applicability since they do not maintain custody of individuals for extended periods. Mayor-elect Dr. Danny Avula reassured that residents concerned about their immigration status will face no issues with Richmond Police.
Chesterfield police commented that their role in immigration enforcement is limited by state code, specifying the circumstances under which they can take action. A similar response was reported from Henrico police. The Chesterfield Sheriff’s Office stated that they follow state law and notify ICE 30 days and one day prior to releasing an individual in the country illegally.
Hanover officials stated they would comply with lawful requests from federal partners. They confirmed that if they encounter someone with a detainer, they will contact ICE, leaving the determination of further action to the federal agency.
The proposed amendment has a long path ahead, needing approval from both the House and Senate, which are currently controlled by Democrats. Additionally, as a budget amendment, it would only be effective for one year unless further approved in subsequent budgets.
CBS 6 is committed to sharing community voices on this important topic. Email your thoughts to the CBS 6 Newsroom.
📲: CONNECT WITH US
Facebook|Instagram|X|Threads|TikTok
