As you may know, I have drafted and passed most of Virginia’s anti-criminal illegal alien laws. My law requires Sheriffs to notify the Federal Immigration and Customs Enforcement (ICE) when a person who is arrested for a crime is identified by the immigration databases as being not legally present in the US. However, the problem is that once we notify ICE, if they don’t come and get the offenders, and Virginia cannot hold them past the sentence given by the Judge or Jury. The Supreme Court has ruled that immigration is solely controlled by the Federal government. Therefore, it is unconstitutional for Virginia to hold a person considered not lawfully in the US past their criminal sentence.
I think you will want to view this short three minute video.