RICHMOND, Va. — Richmond Police is no longer allowing the federal government to have access to its license plate readers (LPR) system, in accordance with a new state law that prohibits such sharing of information, after a federal official secretly used its data for immigration enforcement.
LPRs are essentially cameras out on the streets that collect vehicle information for identification purposes and used by law enforcement. While RPD relies on them for criminal investigations, it does not permit the data to be used for immigration enforcement. However, a federal official still used RPD's data for that purpose earlier this year, in violation of the department's policies.
RPD said a Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) analyst was granted access to its LPR program in February, specifically to assist task force officers with investigations in and around Richmond.
But in March, the mission of the ATF changed to include immigration enforcement, and unbeknown to RPD, the analyst used its data to obtain 14 license plates related to immigration enforcement activities — which was against RPD's operational standards.
In a statement, RPD Chief Rick Edwards said this "absolutely should not have" happened, and had the ATF analyst "formally requested access for that purpose, I would have denied it." ATF Special Agent in Charge Anthony Spotswood said in a statement he "regret(s) that this situation occurred" and acknowledged the analyst's activity was "not in compliance with RPD’s guidelines."
The situation raises questions about how law enforcement agencies in Viginia interact with federal authorities, as immigration enforcement ramps up dramatically under the Trump administration.
Charlottesville Police Chief Michael Kochis said what happened in Richmond erodes public trust in law enforcement everywhere and in surveillance technology that he said, when used correctly, helps police solve crimes faster like recovering stolen property and locating missing people.
“It’s infuriating," Kochis said. “We work really hard on building and maintaining trust in our communities. That's what it's about for us. It has to be, right? That's how we solve crimes. That's how we make communities better. And when this type of stuff happens, it sets us back. It’s frustrating because it's just like, 'let us do our damn job in these cities.'”
Kochis said his department locked down its LPR system almost a month ago when he heard reports of some state agencies that partner with the federal government using LPR programs for immigration enforcement.
He said his department doesn't want anything to do with what he said are federal responsibilities. Additionally, his department doesn't have the resources to take on those tasks and wants to avoid creating fear in Hispanic communities.
“They're already hesitant to, if they're victimized, to report it and the last thing I want as a police chief is for someone to be a victim of a crime and hesitate coming forward because they're going to be afraid of being rounded up or something like that," Kochis said.
Chesterfield Police said it willingly gave immigration authorities LPR data back in January at the request of those authorities. Department spokesperson Liz Caroon said the offender in question "was found to be a criminal alien living in the US with multiple convictions," and the authorities "had legal arrest warrants for the offender."
Moving forward though, Caroon said Chesterfield Police has amended its policy to restrict sharing any LPR data with federal authorities, due to a new state law that took effect July 1 which prohibits law enforcement from sharing the data with federal and out-of-state agencies.
Henrico Police said it is currently revising its policy to reflect the law and recently "pushed out a training bulletin to our personnel to be in compliance with the recent changes in the law."
"This year, the Henrico County Police Division has not shared/sent any LPR data to Federal agencies regarding immigration enforcement. The Police Division is currently reviewing whether any Federal agencies accessed HCPD’s ALPR system prior to July 1, 2025, for immigration enforcement purposes," said Henrico Police spokesperson Karina Bolster.
CBS 6 also reached out to the Hanover Sheriff's Office to ask about its policies and has not yet received a response.
While the new legislation puts restrictions on how license plate reader information can be used, some advocates believe the law doesn't go far enough.
“Ideally we would like to get rid of these cameras," said Rob Poggenklass, executive director of Justice Forward Virginia which lobbies for criminal justice reform.
Poggenklass said the situation in Richmond proves he's right to be concerned.
“I wish I could say it was shocking, but unfortunately this is exactly what we were concerned about when we opposed the expansion of mass surveillance in Virginia during the General Assembly session. We had already seen ramped up efforts on immigration enforcement by the federal government, and we were deeply concerned, and we communicated to lawmakers that we were worried they were not going to follow whatever laws the state passed," Poggenklass said.
The law that took effect July 1 states LPR data can only be retained for 21 days, a change from the initial proposal of 30 days and longer than the 7-day cap Justice Forward Virginia pushed for. It also delays expanding the use of LPRs on state highways to next year if reenacted by the General Assembly.
But due to constitutional, civil rights, and privacy issues, Poggenklass said LPRs should be banned altogether.
“The idea that there are these cameras hooked to this national network and that law enforcement is just going to be following us wherever we go, it really creeps people out," Poggenklass said.
Kochis, who said Charlottesville Police has "the most restrictive policy within the Commonwealth," said while he acknowledged privacy concerns, the technology has been a valuable tool in bringing justice to victims.
"We spoke to a lot of people. It was not even close. It was overwhelmingly communities that wanted this technology, and it was mostly communities that are disproportionately affected by violent crime," Kochis said. "But we also have to be careful as a profession that when we do it, we do it right. I think process matters. We have to listen to all voices and strike that balance."
CBS 6 is committed to sharing community voices on this important topic. Email your thoughts to the CBS 6 Newsroom.
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