Democrats Push Restrictions on Federal Immigration Enforcement in Virginia

Virginia Democrats on Wednesday rolled out a package of bills designed to curb federal immigration enforcement activities in the commonwealth. The lawmakers framed their effort as a public safety measure to protect the state’s immigrant communities and other residents, following deadly clashes between ICE agents and protesters in Minnesota, and as media polls show Americans’ growing discontent with the federal government’s aggressive campaign to root out undocumented immigrants.

Protesters hold signs outside Richmond City Hall in August during a rally against Immigration and Customs Enforcement (ICE) detentions in the city. (Photo by Markus Schmidt/Virginia Mercury)

The proposals, which have been filed but not yet advanced through committee, would restrict where and how federal immigration and border patrol agents can operate and limit cooperation from state and local authorities.

At a morning news conference at the state Capitol in Richmond, Democratic lawmakers said the legislation aims to prevent what they described as aggressive, unaccountable federal enforcement actions from taking place in Virginia communities and to ensure immigrants and other residents can access schools, hospitals, courthouses, and polling places without fear.

“House Democrats are here for one reason. We’re charged with protecting all Virginians,” Del. Marcus Simon, D-Fairfax, told reporters. “It’s Virginia citizens, all Virginia residents, our neighbors, and keeping our communities safe.”

Simon tied the legislative push to the deaths of Alex Pretti, a hospital ICU nurse who cared for veterans, and Renee Nicole Good, a Minnesota mother of three, during recent federal enforcement actions.

“Alex Pretti, a VA hospital ICU nurse, was just trying to help a woman who’d been knocked to the ground when he was shot in the back 10 times by federal agents. He was shot like a dog in the street. Renee Good, a mother of three, was shot in the head,” Simon said.

Democrats did not provide a response on Wednesday on a reported federal plan to establish an ICE detention facility in Hanover County, nor did they elaborate in detail on the bills they expect to advance this session.

The legislative push comes as immigration enforcement has become one of the earliest tests of Gov. Abigail Spanberger’s administration, following Democrats’ takeover of statewide offices and both chambers of the General Assembly.

Shortly after her Jan. 17 inauguration as Virginia’s 75th governor, Spanberger moved quickly to reverse a signature Republican immigration policy by rescinding former Gov. Glenn Youngkin’s executive order that had urged state police and corrections officers to help carry out federal immigration enforcement, a step that advocates said fueled fear in immigrant communities.

But Spanberger’s move did not end existing agreements between state or local agencies with the federal government.

Democratic lawmakers said their own proposals are designed to draw clearer boundaries between federal immigration enforcement and state and local institutions, particularly schools, hospitals, courthouses, and polling places.

“We can enforce the law and respect the Constitution,” Simon said. “We hold criminals accountable without terrorizing communities. That’s what real public safety looks like.”

Bills restricting enforcement locations and cooperation

Several of the new proposals were introduced by Del. Alfonso Lopez, D-Arlington, who said they are intended to prevent immigration enforcement from interfering with access to essential services and democratic participation.

Lopez’s House Bill 1440 would prohibit federal immigration enforcement in certain “protected areas” owned or operated by the state or local governments, including hospitals and health care facilities, schools at all levels, offices of the commonwealth’s attorneys, and other locations designated by the attorney general.

Under the proposal, employees of those facilities could not knowingly allow federal immigration enforcement into nonpublic areas for enforcement purposes. Violations would be punishable as a Class 1 misdemeanor, with limited exceptions.

HB 1441 would restrict state and local law-enforcement officers from assisting or cooperating with federal immigration enforcement operations, unless they are acting under a valid judicial warrant, subpoena or detainer, or are otherwise required by law.

And HB 1442 would prohibit immigration enforcement activity within 40 feet of polling places, locations where election results are being certified, or recount sites. Lopez said the legislation is meant to ensure that voters are not deterred from participating in elections.

“Public safety includes protecting the most fundamental right in a democracy, the right to vote without fear,” Lopez said. “What we have seen from ICE agents is intimidation.”

Courthouse protections

Another proposal, HB 650 by Del. Katrina Callsen, D-Albemarle, would restrict civil arrests inside courthouses. At the Chesterfield County Courthouse alone, at least 14 undocumented individuals were arrested last summer, drawing sharp rebukes from public officials, civil rights groups, and lawmakers, but praise from former Gov. Glenn Youngkin.

The measure would prohibit such arrests of people who are attending court proceedings, traveling to court, or leaving court, including witnesses and family members, unless the arresting authority presents a judicial warrant or order that has been reviewed by a designated official.

Violations would be punishable as contempt of court.

“Courthouses should be places of justice, not fear,” Callsen said at the news conference. “People have to be able to enter a courthouse to testify, attend hearings and comply with the law without worrying that they’ll be snatched, detained or disappear on their way in the door.”

Callsen said the bill is aimed at preventing a breakdown in the justice system when people are afraid to participate.

“When people are afraid to show up, crimes go unreported,” she said. “That is not what public safety is about.”

Data, masking, and cooperation limits

Other bills filed this session address transparency and cooperation with federal authorities.

HB 7, introduced in December by former Del. Mike Jones, D-Richmond, now a state senator, would prohibit most state and federal law-enforcement officers from wearing facial coverings while performing official duties, with exceptions for health protection and tactical operations.

The bill would create criminal penalties, allow civil lawsuits against officers who violate the rule, and eliminate sovereign immunity as a defense.

And HB 1438 by Del. Elizabeth Guzman, D-Prince William, would prohibit state and local agencies from entering into agreements that authorize officers to perform federal immigration enforcement functions. Existing agreements would have to be terminated by Sept. 1, 2026.

The bill would also limit inquiries into a person’s immigration status and create a cause of action for violations.

And Del. Kathy Tran, D-Fairfax, said data privacy and constitutional protections are also central to the legislative effort.

“No one should have their personal information swept up, shared, or misused without due process or without their consent,” Tran said. “Our legislation is proactive. It’s responsible, and quite frankly, it’s our duty.”

Senate counterparts

Across the hall, Sen. Saddam Azlan Salim, D-Fairfax, announced earlier this week that he introduced companion legislation, including bills mirroring the courthouse arrest restrictions and facial covering bans.

A third bill, SB 783, would limit agreements between state or local agencies and federal immigration authorities and expand data-collection requirements under the Virginia Community Policing Act to track the presence and actions of federal immigration officers during stops.

In a statement, Salim sharply criticized recent federal enforcement actions.

“ICE has murdered another Minnesotan, and we need to call it what it is: state violence, plain and simple,” Salim said, adding that his bills are intended to ensure that “no agency, no badge, and no president is above the law or the value of a human life.”

Republican leaders pushed back on the Democratic proposals Wednesday, arguing the focus should remain on economic issues rather than challenging immigration enforcement.

House Minority Leader Terry Kilgore, R-Scott, and Senate Minority Leader Ryan McDougle, R-Hanover, said Democrats are straying from an affordability agenda that leaders in both parties have identified as a top priority this session.

“That should be the focus,” McDougle said. “Not political games like gerrymandering, not political games like fighting with D.C.”

Asked about the Democratic measures, Kilgore said, “Virginia has absolutely no say in what the federal government is doing.”

Virginia Mercury reporter Charlotte Rene Woods contributed to this story. 

by Markus Schmidt, Virginia Mercury

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