Fact Sheet on SB 462: Protection for Victims & Witnesses

Protection for Victims & Witnesses

Support legislation that protects immigrant victims and witnesses of crime (including domestic and sexual violence) from being asked about their immigration status. Chief Patron: Senator Howell, SB 462

Quick Facts:

This bill says that in the course of the investigation of a crime, law enforcement cannot ask a person who is reporting being a victim or witness of crime about their immigration status.
The bill does NOT prohibit law enforcement from asking about immigration status if they believe the person participated in committing the crime.
The language of this bill was carefully crafted as a compromise with the Virginia Sheriffs Association and Virginia Association of Chiefs of Police in 2008, and has broad law enforcement support.
These protections will enhance public safety by assuring victims and witnesses of crime that they will not face immigration inquiries if they come forward to cooperate with law enforcement.
If victims and witnesses do not come forward, perpetrators experience no consequences– making communities less safe.
Victims of domestic and sexual assault already face tremendous barriers to reporting. Fear of being deported, perhaps leaving their children behind with the batterer, may keep them from asking for help, and ultimately keep them in an unsafe environment for the victims and their children. This bill would remove one of the many barriers.
With different communities considering or taking different approaches to immigration enforcement, this law would be a powerful tool to combat confusion and reassure victims that wherever they are, they can rely on law enforcement to help them.
These protections are for ALL immigrants. Even those with documentation may fear law enforcement and consequences based on their experiences in their home countries, or here in the United States.
During the 2009 General Assembly Session this bill passed the Senate unanimously.