Statement on the district court decision enjoining the General Assembly’s regulation of existing 287(g) agreements in Virginia
For years, Legal Aid Justice Center has advocated to limit entangling state and local law enforcement in federal immigration enforcement. Earlier this year, the General Assembly passed a sensible law that asserted Virginia’s interests by placing conditions on this allegedly voluntary program, which it has a sovereign right to do under the United States Constitution. Unlike courts in other states who have reached the opposite conclusion in similar cases, the court’s ruling today in United States Vs. Commonwealth of Virginia fails to realize that basic, founding principle of our nation – that States share power with the federal government, especially when it comes to deciding what their own law enforcement can and cannot do.
We are very concerned that existing 287(g) agreements will be allowed to continue. These agreements entangle local law enforcement in federal immigration enforcement, which undermines the trust communities need to report crimes and cooperate with investigations.
While we welcome the court’s decision to at least preserve the part of the General Assembly’s intent to prevent the expansion of new 287(g) agreements, this does not resolve the basic problem at the heart of this case. Virginia law enforcement should focus on building trust, not serving as a force multiplier of federal immigration enforcement. Protecting Virginians from government overreach and safeguarding constitutional rights is a principle deeply rooted in Virginia’s history
While the court got an important part of this decision right, existing agreements should not be placed outside the policy choices and power of the Virginia General Assembly and Virginia voters. Local government has never before been able to contract out of state law or the supervision of the General Assembly, and this part of the decision creates a dangerous precedent about direct federal control of local government that potentially goes far beyond immigration. The scope of this injunction goes beyond even what the United States asked for, in that it prevents “interfering with the performance of existing § 287(g) agreements by any party to such existing agreements, in any way.” This language, in effect, removes any act by local law enforcement arguably related to an existing 287(g) from the supervision of the General Assembly and the Virginia public who put them in office. We urge the Commonwealth to appeal this decision and seek a stay so that the full protections envisioned by Virginia’s law can take effect.
