(The Center Square) – Warrants used, whether administrative or judicial, in the ongoing controversy of ICE cooperation in Virginia were cited Wednesday during Judiciary Committee hearing in the U.S. House of Representatives.
Homeland Security Secretary Kristi Noem told lawmakers Wednesday that federal immigration enforcement relies on administrative warrants. First-term Democratic Gov. Abigail Spanberger is requiring a judicial warrant before local officials cooperate with U.S. Immigration and Customs Enforcement.
For federal judges, warrants relate to federal crimes. However violent offenses, such as a February stabbing in Fairfax County, are violations of state laws.
Rep. Ben Cline, R-Va., said the policy of Spanberger could limit coordination between Virginia law enforcement agencies and ICE.
Cline referenced a recent arrest in Strasburg in which local law enforcement cooperated with ICE to detain what it believes is an MS-13 gang member authorities said was wanted on an immigration detainer. The capture was prior to Spanberger’s reversal of ICE cooperation.
He also cited the fatal stabbing case in Fairfax County. Cline said requiring judicial warrants before holding someone for immigration authorities could allow dangerous individuals to be released from local custody.
“Our governor now says that she demands a judicial warrant before she will cooperate with ICE on this,” Cline said during the hearing. “That is remarkable to me that she would be putting Virginians’ lives at risk.”
Cline asked Noem to explain the difference between judicial warrants issued by a court and administrative warrants commonly used by federal immigration officials.
Noem said administrative warrants are the primary tool used by federal authorities to carry out immigration enforcement.
“Administrative warrants are the legal tool that we have been given by this body to go out and do immigration enforcement,” Noem said. “And we’ve, in over 400,000 different instances, used those effectively.”
She said those warrants are rarely used to enter private homes.
Noem also criticized the Virginia policy during the exchange.
“In that situation in Virginia, the people that live there should be alarmed,” Noem said.
She said limiting cooperation with immigration detainers could affect public safety.
Spanberger’s office said in a statement Tuesday that the governor believes violent criminals who are in the United States illegally should be deported by immigration enforcement but that federal officials should obtain a signed judicial warrant. The statement added that the Department of Homeland Security “should request a signed judicial warrant to ensure this violent criminal is deported.”
The policy differs from previous guidance under former Republican Gov. Glenn Youngkin, who directed state agencies to pursue agreements allowing cooperation with ICE through the federal 287(g) program.
Some members of Virginia’s Republican congressional delegation have also raised concerns about the change in a recent letter urging the governor to reconsider the policy.
