Approved last month by both the state Senate and House of Delegates, the measure would require all local jails in Virginia to report release dates of undocumented and incarcerated noncitizens to Immigrations and Custom Enforcement as soon as those dates are set.

Albemarle-Charlottesville Regional Jail officials currently have a policy of contacting ICE prior to releasing both undocumented and legal immigrants from the Avon Street Extended facility.

That policy is being challenged by immigrations activists in the region and has been questioned by members of the ACRJ’s management board.

As passed, the bill would apply to any noncitizen, including permanent residents, people who are seeking or have received asylum, people with work permits and people who do not have documents allowing them to live in the U.S.

The bill was sent Feb. 29 to Northam. He has until March 26 to either sign the bill into law or veto it. He could also veto portions of the bill and recommend changes, sending it back to the legislature for consideration.

If he does nothing, the bill becomes law.

 “If the law is vetoed and the legislature does not override the veto, the decision on whether to report to ICE remains a policy issue,” said board attorney Brendan Hefty. “If he doesn’t sign it, or if the legislature overrides it, it will be a matter of law.”

Current law gives jailers permission to transfer custody to ICE “no more than five days prior to the date” the person would otherwise be released after receiving a detainer notice from the federal agents.

Current law would allow ACRJ officials to change their policy to not provide advance notice of an inmate’s release date, Hefty said.

But the new bill would create a new section requiring jail administrators to cooperate.

“The sheriff, jail superintendent, or other official in charge of a local correctional facility or regional jail in which an alien is incarcerated shall notify U.S. Immigration and Customs Enforcement of the release or discharge of the alien forthwith as soon as the release date is known,” the measure reads.

HB 2270, filed by Del. Charles Poindexter, R-Franklin County, was passed Feb. 5 by the House of Delegates, 51-46, and approved by the Senate 21-19. Both votes were along party lines.

If Northam vetoes the bill, it would take a two-thirds vote of both chambers to override the denial.

As has become a custom at ACRJ board meetings, several citizens spoke at Thursday's meeting on the ICE policy, both for and against.

Clara Belle Wheeler, of Albemarle County, encouraged the board to retain its current policy and notify ICE before releasing noncitizens.

“If someone is in this country illegally, they are in this country illegally,” she said. “If they are in the jail, it is for breaking our laws.”

Others disagreed.

Local restaurant chef Eva Solano told the board that ICE does not limit itself to dangerous criminals. She said she came to the U.S. 15 years ago to provide a better life for herself and her family. She said she worked 70 hours a week, studied to learn English and worked her way up in the local restaurant industry to head chef.

She said was picked up by ICE and held for more than a month before being released by an immigrations judge pending a hearing.

The Rev. Isaac Collins, of Wesley Memorial Church, said experiences such as Solano’s impact the local minority communities by instilling fear and distrust of police.

“This board has the power to make a change so that the community is less afraid, less dictated to by a federal agency and to bring more love and safety into the community,” Collins said.

Jail Superintendent Martin Kumer noted that a victim notification system, called VINE, is being upgraded to provide notification of release dates and 72 hours of notice prior to a prisoner’s release to victims, law enforcement, immigration and others who interested.

Improvements to the computer program are still being assessed, he said.

“VINE, I need to point out, is a service designed for victims, and that’s where our focus is with VINE,” Kumer said. “If, at some point in time, we decide to use it for a different purpose, then it will be another issue.”

The board will reassess the ICE notification policy and review changes to the law at its May meeting.

In other action, the board approved the jail’s $16.9 million operating budget for the next fiscal year. That includes about $72,000 less in income after the board repealed a $1 per day charge to inmates for being housed in the jail.

Kumer said negotiations with telephone service vendors and providers of snacks and sanitary items sold to inmates will provide the jail a larger commission on sales that will make up for the lost revenue.

“I believe it’s not the inmates who pay that $1 fee but their families and spouses and friends and the organizations that try to help and support them by putting money in their [personal] funds,” Kumer told the board. “I believe [repealing the fee] is the right thing to do.”