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Legal experts weigh in on Miyares ICE opinion

Gregory Bull
/
AP

Local governments across Virginia are considering if they want to work with federal immigration officials.

Republican Attorney General Jason Miyares says local law enforcement officials have the authority – and a moral duty – to cooperate with federal immigration authorities. In a written statement, he thanked sheriffs who are working with Immigration and Customs Enforcement, also known as ICE. He also criticized those who aren’t – saying, "shame on you."

Virginia legal expert Rich Kelsey says Virginia sheriffs should be cooperating with federal immigration officials.

"So, to the extent that localities aren't doing that 25, 30 years into this crisis is a little bit disturbing, and I agree with the attorney general," Kelsey says. "Shame on you."

But some advocates worry that people who feel like they are in danger of being deported might stop contacting the police when they need help or stop cooperating with investigations.

"Local officials shouldn't be doing ICE's job for them," says Sophia Gregg, senior immigrants' rights attorney with the ACLU of Virginia.

"ICE is a federal agency with countless agents and millions of dollars for enforcement. If ICE wants to arrest a non-citizen here in Virginia, they have every ability to do so. They don't need local officials to do their job for them."

She says sheriffs have the discretion to work with federal immigration authorities to detain people. But she adds they also have the discretion to avoid working with ICE.

This report, provided by Virginia Public Radio, was made possible with support from the Virginia Education Association.

Michael Pope is an author and journalist who lives in Old Town Alexandria.