Commission says Virginia can’t deny all illegals bail

Jail overcrowding problems and financial limitations forced the commission to scuttle the idea, which is likely to come before the General Assembly in January.

“If we denied bail to every illegal immigrant, pretty soon, Fairfax County would be broke,” said Del. David Albo, R-Fairfax County.

Instead, the commission endorsed an alternative that would deny bail to any illegal immigrants the federal government would pay to hold as they awaited trial. It’s not clear how many of the thousands of illegal immigrants who are processed at local jails would face no-bail restrictions, or how much that would cost.

While the most dangerous suspects are already held without bail, lawmakers have been trying to reject bail for more illegal immigrants.

The commission’s plan would direct the state to work with federal Immigration and Customs Enforcement officials to determine which crimes would meet guidelines to merit deportation proceedings. “What we decided to do would be to deny bail to all illegal immigrants ICE would pay for,” he said, noting it is not clear which crimes would make the cut.

The decision was hailed as common sense by immigrant advocates and harshly opposed by others who had hoped to keep them behind bars.

“I don’t understand why they think an illegal immigrant who has committed a crime against a Virginia resident should be released on bond when there is a very good chance they will not return for trial,” Prince William County Chairman Corey Stewart said.

Gov. Tim Kaine had expressed support for such a plan in the fall but had warned that it would carry a huge price tag. Mexicans Without Borders coordinator John Steinbach said the commission finally grasped the notion that the vast majority of illegal immigrants are not threats to the community and that holding them all would be impossible.

dgenz@dcexaminer.com