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Youngkin's proposed 'sanctuary cities' ban: How Richmond-area police, jails are supposed to comply with ICE

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UPDATE, Dec. 18, 2024: On Wednesday, Gov. Glenn Youngkin introduced his entire budget amendment package to lawmakers, which included the proposed language on this subject:

"F.1. Any Director, Superintendent, sheriff, or other official in charge of a facility in which an alien is incarcerated shall comply with lawful U.S. Immigration and Customs Enforcement detainers and shall provide at least 48-hour prerelease notification to U.S. Immigration and Customs Enforcement.

2. If any Director, Superintendent, sheriff, or other official in charge of a facility is in violation of F.1. or if a local law enforcement agency, sheriff's office, or official in charge of a facility, pursuant to adoption of a local ordinance, procedure, policy, or custom prohibits or impedes communication or cooperation with U.S. Immigration and Customs Enforcement, the Director of the Department of Criminal Justice Services shall withhold reimbursements due to a locality under Title 9.1, Chapter 1, Article 8, Code of Virginia, and the Compensation Board shall withhold per diem payments for financial assistance to local or regional jails."

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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.

"We need to cooperate. It keeps Virginians safe. It keeps America safe. This is common sense," Youngkin said.

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 Immigration and Customs Enforcement (ICE) and requires law enforcement and jails to "fully comply" with ICE detainers.

“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.

WATCH: Gov. Youngkin's budget proposal includes banning 'sanctuary cities' in Virginia

Gov. Youngkin announces budget proposal includes banning 'sanctuary cities' in Virginia

According to ICE's website, a detainer is a request for jails to notify ICE before releasing an undocumented immigrant in their custody and allowing for an additional 48-hour hold to give ICE agents time to "take custody of those individuals in accordance with federal immigration law." 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.

"This is typically not the best way to make policy to start off with shooting a missile across the bow," said Senate Majority Leader Scott Surovell.

Surovell added that state law already requires jails to determine a person's immigration status and enter that information into a database that federal authorities can access.

As to keeping people past their hold date, ICE's website on detainers said they are "requests" and does not mention localities are required to honor them.

Surovell referenced a 2015 opinion from Virginia's then-Democratic Attorney General Mark Herring, 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. "Our sheriffs asked for that opinion, they got it, and they often feel uncomfortable holding somebody when they don't have legal process to hold someone."

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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.

While Virginia has a law that limits when law enforcement from asking a person's immigration status if they are a victim or witness to a crime, Surovell said he was concerned the rhetoric around Youngkin's announcement could scare people from cooperating with law enforcement.

"Our prosecutors, our police, already have a hard enough time getting undocumented people to participate in prosecutions or to report crime. But, if we're going to create all this political drama about getting deported anytime you have contact with law enforcement, you're going to see people not calling police when there's the victim of domestic violence, when the victim when they've seen a murder," he said. "The governor's policy is really disappointing, because I think it's going to result in fewer crimes being reported, fewer crimes being solved."

CBS 6 reached out to the Governor's office for a list of departments that could be deemed non-compliant under the proposed amendment and risk funding cuts, but received no response. However, the fact sheet mentioned a 2017 directive from Richmond Mayor Levar Stoney that told police not to inquire about a person's immigration status during their encounters with them.

WATCH: Youngkin's effort to cut state funding to 'sanctuary cities' sparks mixed reactions from Virginians

Youngkin's effort to cut state funding to 'sanctuary cities' sparks mixed reactions from Virginians

CBS 6 reached out to local police departments, sheriff's offices, and regional jails to ask them about their policies when it came to working with ICE. None said they had a written agreement with ICE (known as the 287(g) program) Below are the responses we have received:

Richmond Police Department

"When an offender is arrested, the Richmond Police Department takes custody of that person and forthwith delivers them to the Richmond Justice Center. Outside of custodial arrests, the Richmond Police Department does not maintain custody of any person for an extended period of time, so it is unclear, at this time, how Governor Youngkin’s proposal will affect RPD operations. Once the Governor’s written proposal is provided, RPD may have an additional comment."

Richmond Mayor-elect Dr. Danny Avula

“As I’ve said throughout my campaign and from my very first day as mayor-elect: I will do everything in my power to protect and support Richmonders—regardless of their immigration status.

"We all know that successful community policing only works if our police department has the trust of the people it serves—and no one knows this more than Chief [Rick] Edwards. As he’s told me many times, our police officers need to focus on keeping our communities safe, not on enforcing federal immigration policies. Folks who have concerns about their immigration status will have no issues with the Richmond Police Department.”

Chesterfield County Police Department

"The Chesterfield County Police Department does not have a 287(g) agreement with ICE to conduct immigration enforcement activities. The only role we play in immigration enforcement is outlined in Virginia Code 19.2-81.6.; this code section is very specific about what action local police can take."

Chesterfield County Sheriff's Office

"Our Classification Unit has direct input into an ICE Data Base. Whenever an illegal immigrant is identified we list that name in that data base and advise ICE. That list is update every day and every day ICE received notice from us of every illegal immigrant in our jail.

"We also notify ICE 30 days prior to any illegal immigrant being released after serving their sentence as a reminder that they will be able to be picked up then.

"And finally we notify ICE the day before any illegal immigrant being released after serving their sentence."

Hanover County Sheriff's Office

"To put it simply, we would comply with any legal and/or lawful request from one of our federal partners, to include ICE, as we always have. We were not present for Gov. Youngkin’s press conference yesterday so I am not familiar with anything that was said regarding 19.2-11.02, but we would continue to abide by existing state law.

"To answer your last question, we are not part of the 287 (g) agreement with ICE. We do not have any written agreements with ICE to enforce immigration laws.

"Finally, it is our position that immigration is a federal issue to be handled by ICE and we are focused on state and local crime. If we encounter a person who has a detainer issued, we would contact ICE and it is up to them to determine what happens next as that is their job."

Henrico County Police Department

"The Henrico County Police Division does not oversee operations of the jail in Henrico County. Additionally, the Police Division does not have a 287(g) MOU with ICE. We understand this is a nationwide issue and Henrico Police will continue to enforce laws across the county and focus on ways to address/prevent crime in our communities."

Henrico Police also shared a copy of their department policy on the issue.

Pamunkey Regional Jail

"We follow all state laws and Va. Attorney General official opinions pertaining to illegal immigrants in custody and communicate with ICE regarding all potential transfers to federal custody upon completion of their local sentence. The local jail has no control over ICE decisions on assuming custody or not, but we cooperate to the extent permitted by law and official opinion.

"We do not have a 287(g) agreement in place and have no opinion regarding Gov. Youngkin’s announcement, except that we will fully comply with any policy enacted."

Riverside Regional Jail

"Riverside Regional Jail Authority does not have a comment specific to Governor Youngkin's recent announcement. However, RRJ is in regular communication with U.S. Immigration and Customs Enforcement officials and remains focused on complying with applicable laws and fulfilling our public safety responsibilities to the community."

What is Next

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.

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