All law-enforcement officers enumerated in § 19.2-81 shall have the authority to enforce immigration laws of the United States, pursuant to the provisions of this section. Any law-enforcement officer enumerated in § 19.2-81 may, in the course of acting upon reasonable suspicion that an individual has committed or is committing a crime, arrest the individual without a warrant upon receiving confirmation from the Bureau of Immigration and Customs Enforcement of the United States Department of Homeland Security that the individual (i) is an alien illegally present in the United States, and (ii) has previously been convicted of a felony in the United States and deported or left the United States after such conviction. Upon receiving such confirmation, the officer shall take the individual forthwith before a magistrate or other issuing authority and proceed pursuant to § 19.2-82.
2004, cc. 360, 412.
Structure Code of Virginia
Title 19.2 - Criminal Procedure
§ 19.2-71. Who may issue process of arrest
§ 19.2-72. When it may issue; what to recite and require
§ 19.2-73. Issuance of summons instead of warrant in certain cases
§ 19.2-73.1. Notice of issuance of warrant or summons; appearance; failure to appear
§ 19.2-73.2. Law-enforcement officers to issue subpoenas; penalty
§ 19.2-75. Copy of process to be left with accused; exception
§ 19.2-76.2. Mailing of summons in certain cases
§ 19.2-76.3. Failure to appear on return date for summons issued under § 19.2-76.2
§ 19.2-77. Escape, flight and pursuit; arrest anywhere in Commonwealth
§ 19.2-78. Uniform of officer making arrest
§ 19.2-79. Arrest by officers of other states of United States
§ 19.2-80. Duty of arresting officer; bail
§ 19.2-80.1. When arrested person operating motor vehicle; how vehicle removed from scene of arrest
§ 19.2-81. Arrest without warrant authorized in certain cases
§ 19.2-81.1. Arrest without warrant by correctional officers in certain cases
§ 19.2-81.2. Power of correctional officers and designated noncustodial employees to detain
§ 19.2-81.5. Cooperation with a law-enforcement officer
§ 19.2-81.6. Authority of law-enforcement officers to arrest illegal aliens
§ 19.2-82. Procedure upon arrest without warrant
§ 19.2-82.1. Giving false identity to law-enforcement officer; penalty
§ 19.2-83.1. Report of arrest of school employees and adult students for certain offenses
§ 19.2-83.2. Jail officer to ascertain citizenship of inmate