HOUSE CONCURRENT RESOLUTION NO. 60
(By Delegates Schoen, Armstead, Tansill, Canterbury, Anderson,
Andes, Ashley, Azinger, Beach, Blair, Boggs, Border, Carmichael,
Cowles, Craig, Crosier, DeLong, Doyle, Duke, Eldridge, Ellem,
Ellis, Evans, Fleischauer, Frederick, Gall, Guthrie, Hamilton,
Hartman, Hatfield, Higgins, Hrutkay, Hutchins, Ireland, Kessler,
Kominar, Lane, Long, Manchin, Marshall, Michael, C. Miller, J.
Miller, Moore, Morgan, Moye, Overington, Palumbo, Paxton, Pethtel,
Pino, M. Polling, Porter, Proudfoot, Reynolds, Rodighiero, Romine,
Rowan, Schadler, Shaver, Shook, Sobonya, Staggers, Stalnaker,
Stephens, Sumner, Talbott, Walters, Webster, Wells, White and Yost)
Requesting the Joint Committee on Government and Finance to
determine whether any federal grants exist to fund the
training and cross-designation of State Police Officers and
county law-enforcement officials to enforce immigration law;
ascertain the feasibility of utilizing the training offered by
the Department of Homeland Security and other federal
agencies; and determine the feasability of incorporating U.S.
Immigration and Customs Enforcement training into the
curriculum conducted at the West Virginia State Police
Academy.
Whereas, There exists a need to eliminate security threats
along West Virginia's border, and to improve economic,
transportation and infrastructure security; and
Whereas, It is important to coordinate with Federal Agencies to
ensure that illegal aliens are identified and prosecuted; and
Whereas, It is vital that State Police officers and county law
enforcement officials have an understanding of the resources and expertise needed to transport, manage and process aliens when
located within the boundaries of West Virginia; and
Whereas, It is necessary to enhance the ability of State Police
officers and county law-enforcement officials to enforce federal
immigration law; and
Whereas, In response to the widespread interest from local law
enforcement agencies who have requested Immigration Customs
Enforcement assistance through the 287(g) program, Immigration and
Customs Enforcement has developed the Immigration Customs
Enforcement Access program (ICE ACCESS) to cross-designate local
officers to enforce immigration law as authorized through section
287(g) of the Immigration and Nationality Act; and
Whereas, Agents and officers of Immigration and Customs
Enforcement will meet with agencies requesting (ICE ACCESS)
assistance to assess local needs and to draft appropriate plans of
action; and, based upon these assessments, Immigration Control
Enforcement and local agencies will determine which type of
partnership is most beneficial and sustainable before entering into
an official agreement;
and
Whereas, Title 19 of the United States Code 1401 (I) allows for
federal, state, local and foreign law-enforcement officers who
participate primarily on U.S. Immigration and Customs Enforcement
task force operations to be cross designated as "Customs Officers"
and be granted the authority to enforce U.S. customs law; and
Whereas, More than 60 municipal, county, and state agencies
nationwide have requested 287(g) Memorandums of Agreement with
Immigration Customs Enforcement and more than 400 local and state
officers have been trained under the program; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance explore the
availability of federal grants to fund the training and
cross-designation of State Police Officers and county
law-enforcement officials to enforce immigration law; ascertain the
feasibility of utilizing the training offered by the Department of
Homeland Security and other federal agencies; and, determine the
feasability of incorporating U.S. Immigration and Customs
Enforcement training into the curriculum conducted at the West
Virginia State Police Academy; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the Legislature on or before the first day of
October, 2008, and thereafter as may be required, as to the
progress of its study.