The counties of Prince William and Loudoun are reportedly initiating measures to create disincentives for undocumented aliens to settle in their jurisdictions.

First, they will cooperate with federal authorities to facilitate removal of undocumented aliens who are in the custody of the local police for crimes unrelated to their immigration status. Second, they will deny services or benefits to undocumented aliens other than essential humanitarian services.

Empowering local police to enforce the immigration laws finds support in section 287(g) of the Immigration Act. It provides that the “Attorney General may enter into a written agreement with a State, or any political subdivision of a State, pursuant to which an officer or employee of the State or subdivision, who is determined by the Attorney General to be qualified to perform a function of an immigration officer in relation to the investigation, apprehension or detention of aliens in the united States (including the transportation of such aliens across State lines to detention centers), may carry out such function at the expense of the State or political subdivision and to extent consistent with State and local law.”

What does this mean to undocumented aliens? If the local police were to fully exercise the function covered under section 287(g), that would mean that they would be at risk of being arrested by the local police by reason of their illegal status. Of course the police will have to come up with probable cause to believe that a person has no valid immigration status, i.e. no valid driver’s license or social security number. Nevertheless, this is still a chilling thought for those living under the shadows.

It may be legal, but is it the right thing to do?
Local authorities have to deal with a burgeoning budget year after year and the influx of undocumented aliens in their jurisdiction does not help. They are forced to build more schools and hire more teachers, build bigger jails and hire more police officers.

Under Section 287(g), authorized local police officers performing the functions of federal immigration officers shall be paid by the local government. In effect, the local government is using its tax dollars to pay law enforcement officers who ordinarily would be compensated by the federal government.
People would like their police officers to ensure their safety. They would like their police officers to deter and solve crimes. Do local jurisdictions have the luxury to pay law enforcement agents to perform the duties charged to federal authorities. In Fairfax for instance, the police do not have a 24/7 narcotics unit or SWAT team. They are undermanned. Taking a few police officers for federal duty means fewer bodies to look after our safety.

I would rather have our police officers go after reckless drivers or investigate unsolved murders than spend their time hunting for undocumented aliens. I do not mean to give these people a pass. If they commit any crime then they should face our criminal justice system. As for the removal of people from this country for lack of a valid immigration status, the federal government needs to put more resources in its enforcement arm.

The initiative in Prince William County however does not seek the broad powers covered under 287(g). As described by a County official, the collaboration between the local police and federal authorities apply only to situations where a criminal suspect is already under arrest for a crime unrelated to their immigration status. It is intended to ensure that the immigration authorities are able to initiate removal proceedings after the criminal suspect who is later found to be in illegal status have been processed by the local judicial system. The local police officers involved will not be working full time performing federal functions. I can live with that. Banishing criminals from our streets regardless of immigration status is a no-brainer.

If you are standing by 7-Eleven sipping your smoothie, you need not freeze when a police car approaches, unless you do something against the wall.