A Fairfax County delegate says he’s drafting legislation that would put the enforcement of illegal immigration into the hands of local and state law enforcement, though some say such a shift would overburden state agencies and could set back relations with immigrant communities.
Del. Dave Albo, who represents a district that includes Springfield and Lorton, said the bill would bypass arguments by police that they don’t have the authority to enforce federal statutes.
“My personal opinion is that the state police should be enforcing immigration laws,” the delegate said. “The state police don’t want to do it.”
His proposal would make it a crime for a person to live in the state of Virginia unless that person is in the United States legally, thereby putting enforcement in the hands of the state.
He says he hopes to have a bill filed for the next General Assembly session and is working out language so it does not apply to legal immigrants and citizens.
A Virginia State Police spokeswoman said the agency is already dealing with manpower issues, and does not have the resources to enforce immigration law.
“The state police is not in the business of doing illegal immigration sweeps, and doesn’t plan to,” said spokeswoman Corinne Geller.
Doing so, she said, could also run counter to efforts by police agencies to reach out to immigrant communities.
Virginia Del. Vivian Watts pointed to constitutional and international law questions that could be created by enacting such a statute, as well as problems with cost, manpower and training.
“The feasibility is a huge question,” she said.
Albo said the lack of enforcement is costing taxpayers millions in government services provided to illegal aliens. In the long run, he said, providing those services is more costly than enforcing the law.

