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Arresting officer to ascertain citizenship of arrestee.
A. Whenever any person is placed under arrest by a law-enforcement officer, the officer shall inquire as to whether the person (i) was born in a country other than the United States and (ii) is a citizen of a country other than the United States. The officer shall make an immigration alien query to the Law Enforcement Support Center of the U.S. Immigration and Customs Enforcement for any person who responds that he (i) was born in a country other than the United States and (ii) is a citizen of a country other than the United States, or for whom the answer to clause (i) or (ii) is unknown.
The officer shall communicate the results of any immigration alien query to the Central Criminal Records Exchange of the Department of State Police in a format approved by the Exchange. The information received by the Exchange concerning the person's immigration status shall be recorded in the person's criminal history record.
B. When a law-enforcement officer makes a warrantless arrest and finds, following the inquiries required under subsection A, probable cause to believe that the person under arrest is not legally present in the United States, he shall communicate to the judicial officer the facts and circumstances underlying his belief that the person is not legally present in the United States. If the judicial officer concurs in the determination of the officer and makes the further determination that the person will not appear for trial or hearing, the judicial officer may refuse to admit the person to bail in accordance with § 19.2-120.
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For every arrest made by such officials, agencies and personnel, the citizenship of the person shall be determined. If the person who is arrested is an alien, the person's immigration status shall be verified with the federal government pursuant to United States Code: Title 8 section 1373(c).
If the person is an alien who is unlawfully present in the United States and this state or a local governmental entity elects not to prosecute the person for a violation of state or local law, the person shall be transferred to the custody of the United States immigration and customs enforcement or United States customs and border protection. If an alien who is unlawfully present in the United States is acquitted of any violation of state or local law, is discharged from imprisonment or pays any fine imposed, the alien shall immediately be transferred to the custody of United States immigration and customs enforcement. If the unauthorized alien is convicted of a crime, the alien must complete the full sentence before being released to the custody of the United States immigration and customs enforcement or United States customs and border protection.
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ALEC Legislation in Virginia: Immigration
Contents
HB 2332: Determining the citizenship of arrestee
This legislation would require law enforcement to determine the citizenship of an arrestee and allows judges to deny bail based on probable cause determination of illegal alien status.
Virginia's bill to determine the citizenship of an arrestee
ALEC's Immigration Law Enforcement Act
Arresting officer to ascertain citizenship of arrestee.
A. Whenever any person is placed under arrest by a law-enforcement officer, the officer shall inquire as to whether the person (i) was born in a country other than the United States and (ii) is a citizen of a country other than the United States. The officer shall make an immigration alien query to the Law Enforcement Support Center of the U.S. Immigration and Customs Enforcement for any person who responds that he (i) was born in a country other than the United States and (ii) is a citizen of a country other than the United States, or for whom the answer to clause (i) or (ii) is unknown.
The officer shall communicate the results of any immigration alien query to the Central Criminal Records Exchange of the Department of State Police in a format approved by the Exchange. The information received by the Exchange concerning the person's immigration status shall be recorded in the person's criminal history record.
B. When a law-enforcement officer makes a warrantless arrest and finds, following the inquiries required under subsection A, probable cause to believe that the person under arrest is not legally present in the United States, he shall communicate to the judicial officer the facts and circumstances underlying his belief that the person is not legally present in the United States. If the judicial officer concurs in the determination of the officer and makes the further determination that the person will not appear for trial or hearing, the judicial officer may refuse to admit the person to bail in accordance with § 19.2-120.
For every arrest made by such officials, agencies and personnel, the citizenship of the person shall be determined. If the person who is arrested is an alien, the person's immigration status shall be verified with the federal government pursuant to United States Code: Title 8 section 1373(c).
If the person is an alien who is unlawfully present in the United States and this state or a local governmental entity elects not to prosecute the person for a violation of state or local law, the person shall be transferred to the custody of the United States immigration and customs enforcement or United States customs and border protection. If an alien who is unlawfully present in the United States is acquitted of any violation of state or local law, is discharged from imprisonment or pays any fine imposed, the alien shall immediately be transferred to the custody of United States immigration and customs enforcement. If the unauthorized alien is convicted of a crime, the alien must complete the full sentence before being released to the custody of the United States immigration and customs enforcement or United States customs and border protection.
Virginia's bill: http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+HB2332
ALEC's model legislation: http://alecexposed.org/w/ images/6/69/7K3-Immigration_Law _Enforcement_Act_Exposed.pdf
HB 926, HB 227 and SB 782: Business entities employing illegal aliens
These bills terminate the authority of a business to operate in the commonwealth for hiring or employing an illegal alien.
Virginia's bill regarding business entities employing illegal aliens
ALEC's Fair and Legal Employment Act
Grounds for disciplinary action; conviction for employing illegal immigrant.
A. Any regulatory board established pursuant to this title may suspend, revoke, or fail to renew the license, certificate, registration or authority it has issued any person who has been convicted of violating: (i) § 40.1-11.1, (ii) § 54.1-111A 9, or (ii) any federal law for knowingly employing any person who is not legally eligible to be employed in the United States.
B. In addition, a regulatory board may determine the amount of the monetary penalty for the violation, which shall not exceed $2,500 for each violation.
(1)(c) Shall order the employer to file a signed sworn affidavit with the county attorney within three business days after the order is issued. The affidavit shall state that the employer has terminated the employment of all unauthorized aliens in this state and that the employer will not intentionally or knowingly employ an unauthorized alien in this state. The court shall order the appropriate agencies to suspend all licenses subject to this subdivision that are held by the employer if the employer fails to file a signed sworn affidavit with the county attorney within three business days after the order is issued. All licenses that are suspended under this subdivision shall remain suspended until the employer files a signed sworn affidavit with the county attorney. Notwithstanding any other law, on filing of the affidavit the suspended licenses shall be reinstated immediately by the appropriate agencies. For the purposes of this subdivision, the licenses that are subject to suspension under this subdivision are all licenses that are held by the employer specific to the business location where the unauthorized alien performed work. If the employer does not hold a license specific to the business location where the unauthorized alien performed work, but a license is necessary to operate the employer's business in general, the licenses that are subject to suspension under this subdivision are all licenses that are held by the employer at the employer's primary place of business.
Unlawful acts; prosecution; proceedings in equity; civil penalty.
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9. Employing any person who cannot provide legal documents indicating that he is legally eligible to be employed in the United States.
(A) An employer shall not knowingly employ an unauthorized alien
Virginia's bills: http://leg1.state.va.us/cgi-bin/legp504.exe?081+ful+HB926
http://leg1.state.va.us/cgi-bin/legp504.exe?081+ful+SB782
http://leg1.state.va.us/cgi-bin/legp504.exe?081+ful+HB227
ALEC's model legislation: http://alecexposed.org/w/ images/d/da/7K2-Fair_and_Legal_ Employment_Act_Exposed.pdf