Letter to the Honorable Janet Napolitano, Secretary of Homeland Security

Letter

Congressman Gerry Connolly today joined with Congressmen Frank Wolf and Rob Wittman in urging the U.S. Department of Homeland Security to enter into a 287(g) agreement with Virginia to allow certain state police personnel to perform certain federal immigration functions within the borders of the Commonwealth.

In a letter to DHS Secretary Janet Napolitano, the three Virginia congressmen ask DHS to enter into a Memorandum of Understanding with the Commonwealth, requested by Governor McDonnell, on the terms and conditions of Virginia's participation in the program. (See letter below.)

Connolly has consistently supported efforts in Congress to fund the 287 (g) program and earlier this year opposed legislation to terminate the program. He has supported the 287 (g) programs currently in place for Prince William County police, sheriffs, and the regional jail, and the federal Safe Communities program in the Fairfax County Sheriff's Department.

"One deficiency in the 287(g) program is that it does not provide adequate funding to jurisdictions to pay the costs of incarceration for those arrested and jailed for crimes," Connolly said. "Last year, I was successful on the floor of the U.S. House of Representatives in restoring $400 million in funding for the State Criminal Alien Assistance Program (SCAAP) after it was eliminated in President Obama's budget proposal. That provision included $3.2 million in federal funds to reimburse Prince William and Fairfax Counties and the Commonwealth of Virginia for some of the costs of incarcerating criminal aliens in their jails."

Section 287(g) of the Immigration and Nationality Act (INA) authorizes DHS to enter into Memorandums of Agreement with state and local law enforcement agencies to permit designated officers to perform immigration law enforcement functions, provided that the law enforcement officers receive appropriate training and function under the supervision of sworn U.S. Immigration and Customs Enforcement (ICE) officers.

The cross-designation between ICE and state and local patrol officers, detectives, investigators and correctional officers working in conjunction with ICE allows these local and state officers the necessary resources and latitude to pursue investigations relating to violent crimes, human smuggling, gang/organized crime activity, sexual-related offenses, narcotics smuggling and money laundering. Nine local law enforcement agencies currently have 287 (g) authority in Virginia.

TEXT OF WOLF, WITTMAN, CONNOLLY LETTER TO DHS SECRETARY NAPOLITANO:

August 18, 2010

The Honorable Janet Napolitano
Secretary of Homeland Security
U.S. Department of Homeland Security
Washington, DC 20528

Dear Secretary Napolitano:

We are writing to express our interest in the request by Virginia Governor Bob McDonnell that the Department of Homeland Security enter into a 287(g) agreement with the Virginia Department of State Police, which would allow certain Virginia State Police personnel to perform certain functions of a federal immigration officer within the borders of the Commonwealth. This initiative has the support of the Superintendent of the Virginia Department of State Police and the Secretary of Public Safety.

Specifically, the Commonwealth is seeking a Memorandum of Agreement with the Department of Homeland Security which sets forth the terms and conditions for the partnership, including how participating State Police personnel will be nominated, trained, authorized and supervised in performing the immigration enforcement functions identified in the agreement.

This proposed partnership between the Department of Homeland Security and the Commonwealth of Virginia will improve information sharing, leverage federal and state resources, and above all, contribute to improved public safety.

We urge you to give this request all possible consideration and look forward to working with you to ensure that our federal, state and local law enforcement officers have the resources they need to enforce the nation's immigration laws and to ensure the safety of the public.

Sincerely,

Rob Wittman
Member of Congress

Frank Wolf
Member of Congress

Gerald Connolly
Member of Congress

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