ICE Cooperation Mandatory Under New Senate Bill

Local and state law enforcement agencies across the state would be required to cooperate with federal Immigration and Customs Enforcement (ICE) agents under a bill that passed the West Virginia Senate on Monday. 

Senate Bill 615 requires agencies to notify and cooperate with ICE agents when someone in their custody is determined to be in the United States illegally. It also stipulates that local entities can’t get around the requirement by passing their own laws or policies. 

Sen. Mike Woelfel, D-Cabell, said part of his opposition to the legislation is that agencies in this state already are cooperating.

“Was there any testimony that any law enforcement agent or agency was not cooperating with ICE?” Woelfel asked.

“I don’t believe there was,” said Sen. Tom Willis, R-Berkeley, and a co-sponsor of the legislation. “Are you suggesting that because something hasn’t happened in the past, it couldn’t happen in the future?”

In announcing the arrests of 650 people believed to be in the state illegally during the month of January, an ICE press release made several references to the level of cooperation between their agents and those they worked with as part of a 287(g) partnership signed by Gov. Patrick Morrisey last year.

“This operation demonstrates how strong partnerships between ICE and West Virginia law enforcement agencies enhance public safety and the integrity of our immigration system,” said Enforcement and Removal Operations (ERO) acting Field Office Director Michael Rose in the release.

Jefferson County Sheriff Tom Hansen reiterated “how well they interacted with the citizens and local law enforcement officers.”

“We are also gratified that through this program, we have had the opportunity to remove numerous dangerous criminals from our community,” Hansen said.

The only other Senate Democrat, Joey Garcia from Marion County, also opposed the bill, pointing out that there have been people “all over the country” who’ve been detained by ICE who have turned out to be citizens, or in the country legally. 

“When asked at some of these hearings what was the probable cause, or what was the reason for their arrest, those immigration officials came forward and they did not have any evidence, and this is happening over and over again,” Garcia said. “Some of these people are staying in jail in places where people have died the last couple years.”

Sen. Patricia Rucker, R-Jefferson, and a legal immigrant to this country, spoke out in favor of the bill.

“I never once had any problems with law enforcement or questions that made me feel uncomfortable. What this legislation is trying to do is actually protect Americans and protect our law enforcement,” Rucker said.

The bill passed the full Senate with a vote of 32 to 2. It moves to the House of Delegates now for consideration there.