McDonnell Favors Use of State Troopers in Enforcement of Federal Immigration Law

Virginia’s state troopers should have the authority to enforce federal immigration laws against the most dangerous criminal elements, Bob McDonnell, the state’s Republican candidate for governor has argued. This policy stance has larger federalist implications and should curry favor with 10^th amendment proponents, but it has earned little media attention throughout the campaign.

An obscure provision of federal law makes it possible for local and state officials to be trained as federal immigration agents. Section 287 (g)  of the Illegal Immigration Reform and Immigrant Responsibility Act authorizes the Immigration and Customs Enforcement Agency (ICE) to form partnerships that can be shaped to suit local priorities. Although this option has been available since 1996, most partnerships have been formed in just the past few years, according to ICE.

In an interview, McDonnell said he favors state-wide application of the 287 (g) program  because in his view it would compensate for the lack of resources available to ICE. While serving as attorney general, McDonnell worked with local governments in Prince William, Herndon and Rockingham counties to establish 287 (g) agreements. Tim Kaine, the state’s Democratic incumbent governor, has resisted using the program on a state-wide basis.

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