CHARLESTON, W.Va. — Superintendent of the West Virginia State Police Col. Jim Mitchell stood before legislators Monday for a budget hearing and faced questions on the partnership with U.S. Immigration and Customs Enforcement.
In August, Governor Patrick Morrisey signed a Memorandum of Agreement with ICE on the 287-G programs, which trained law enforcement, military, and corrections leaders assist ICE with identifying and removing illegal aliens found in the state.
Mitchell reported that since September, State Police has assisted ICE with 250 arrests in West Virginia.
According to Mitchell, State Police has not made any mistakes to this point in the 250 apprehensions.
“We haven’t apprehended anyone who has not been in violation of the law. We couldn’t do that. We only apprehend those who are in violation of law. I know I can state that clearly for us,” he said.
House Minority Leader Sean Hornbuckle, D-Cabell, asked Mitchell if there was a protocol in place for a situation where someone was illegally detained by ICE in West Virginia.
“I don’t know what the protocol is for ICE. I know all that is handled by them,” Mitchell said. “We will help in the original apprehension or detaining of that person and then ICE takes care of all of that, so that would be a question for them as to the procedures they follow.”
“Once that is made, they are released to ICE custody and ICE handles everything from that point forward,” he continued.
Hornbuckle then asked Mitchell if a West Virginia citizen has any recourse to ask State Police to step in if someone was being wrongfully detained.
“If it’s a detainment made by ICE and it’s under their control, we have no jurisdiction at that point. They would have to make those decisions,” Mitchell said.
“So, whether it’s rightful or wrongful, you all are out of it?” Hornbuckle asked.
“Yes,” Mitchell answered. “We help make the original detention and then they take it from there.”
Mitchell also told lawmakers Monday that the state gets reimbursed by the federal government for all efforts in collaboration with ICE. This includes salaries and equipment.
The state has not received the reimbursements yet because paperwork has not been fully completed.
In recent weeks, Virginia Governor Abigail Spanberger rescinded the previous governor’s executive order that deputized state police and other law enforcement agencies to help ICE.