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Martinsville Bulletin, Inc.
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McDonnell urges feds to act on immigration
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House of Delegates candidate Don Merricks (from left), Virginia Attorney General Robert F. McDonnell, Monica Monday and Martinsville City Attorney Eric Monday are shown at a reception for Merricks and McDonnell at the Mondays’ house in Martinsville on Thursday night. Twenty-five to 30 people attended. (Bulletin photo by Paul Collins)

Friday, September 7, 2007

By PAUL COLLINS - Bulletin Staff Writer

Virginia Attorney General Robert F. McDonnell on Thursday discussed the need for better federal enforcement of existing laws on illegal immigration, the need for additional federal laws or rules, and the need for the federal government to give Virginia more authority and resources to help deal with the problem.

He said it is a major public safety issue that needs to be a top priority for Congress.

McDonnell, who said he is concerned mostly with illegal immigrants who commit crimes, attended a reception in Martinsville for himself and fellow Republican Don Merricks, who is running for the House of Delegates in the Nov. 6 election.

On Wednesday, McDonnell sent a letter to President Bush and the Democratic leaders of Congress on the issues he discussed.

He wrote that the Virginia Crime Commission reported last week: “The percentage of likely illegal aliens in Virginia jails alone ranges from 6 percent to 10 percent, with approximately 39 percent of those aliens being charged with a felony. This is costing Virginia taxpayers hundreds of millions of dollars in prosecution and incarceration expenses, in addition to avoidable victimization.”

McDonnell also wrote: “Congress has enacted laws which are not properly enforced due to the understaffing of the Bureau of Immigration and Customs Enforcement (ICE). At the same time, Congress has pre-empted enactment of state laws regulating employers who knowingly hire illegal aliens, and largely precluded states from enforcing federal immigration violations.”

McDonnell said he has asked Gov. Tim Kaine repeatedly to allow limited state enforcement of federal laws concerning illegal aliens who commit serious crimes, but the governor has declined to do so, saying, among other things, it is a federal duty and citing a lack of state funds.

“I don’t know how we can afford not to do it,” McDonnell said.

As a result, the attorney general said, he has issued an attorney general’s ruling that local law enforcement agencies have the authority to enter into an agreement with ICE to address illegal aliens who commit crimes, and that a number of local law enforcement agencies have done so.

Among the other immigration issues McDonnell expressed concern about were confusion over exactly which crimes always trigger detention and deportation, and that the United States cannot deport illegal immigrants to a number of countries that receive U.S. foreign aid but that will not accept the deported immigrants.

He said the latter issue is costing this country tens of millions, if not hundreds of millions, of dollars. He added that he thinks those countries should not get a dollar of foreign aid until illegal aliens can be deported there.

“Nationally, ICE has reported there are more than 632,000 illegal immigrants convicted of deportable offenses that have not been located, triple the number of just three years ago. ... A 2005 federal study of 55,000 incarcerated illegal immigrants showed most had multiple arrests and convictions. ... Enacting more effective detention and deportation proceedings will help shut this revolving door of injustice,” he wrote in his letter.

McDonnell asked Congress to promptly pass legislation to deal with the illegal immigration problems, even if it means having a special session.

Merricks said he supported McDonnell’s comments, and he thinks a statewide approach is needed to help address illegal immigration, particularly concerning those who commit crimes.

Although McDonnell said he is focusing now on his duties as attorney general and on campaigning with candidates such as Merricks, he said he does plan to run for governor in 2009.

 
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