Virginia · Updated July 2026 · Verified by InmateAid

Know Your Rights if ICE Comes to Virginia

Your rights if ICE comes to your door in Virginia. Spanberger ended state 287(g). 27 local agreements remain. 7,000 ICE arrests in 2025. Northern Virginia hotspot. Where to get help.

This page is information, not legal advice. Virginia's enforcement landscape shifted dramatically with the change in governors. Republican Governor Youngkin's February 2025 Executive Order 47 mandated state agencies join 287(g), triggering approximately 7,000 ICE arrests in Virginia in 2025 - seven times the 2024 rate. Democratic Governor Spanberger took office January 17, 2026, rescinded Youngkin's order immediately, then on February 5, 2026 directed all state law enforcement agencies to terminate their 287(g) agreements. But 27 local sheriff and jail agreements remain in effect - local sheriffs decide independently. Northern Virginia counties including Loudoun have been enforcement hotspots. Verify current local agency status with Legal Aid Justice Center of Virginia, ACLU of Virginia, or a licensed immigration attorney.

Virginia's immigration enforcement landscape is one of the most rapidly changed in the country. Republican Governor Glenn Youngkin signed Executive Order 47 in February 2025, directing Virginia State Police, the Department of Corrections, and other state agencies to enter 287(g) agreements with ICE, and encouraging local sheriffs and police to do the same. ICE arrests surged to approximately 7,000 in 2025 - nearly seven times the 2024 number - with 56 percent of those arrests being civil enforcement not tied to any criminal violations.

Democrat Abigail Spanberger was inaugurated on January 17, 2026. On her first day, she rescinded Youngkin's executive order - but that alone did not terminate existing agreements. On February 5, 2026, she signed a directive specifically instructing Virginia State Police, the Department of Corrections, the Conservation Police, and the Marine Police to terminate all existing 287(g) agreements. Spanberger emphasized that her orders do not prevent cooperation with ICE when federal agents have a judicial warrant, and do not end joint work on law enforcement task forces.

The key limitation: Spanberger's orders apply to state agencies. They do not affect the 27 local sheriff's departments and regional jails that have their own 287(g) agreements. Local sheriffs decide independently whether to maintain or terminate their agreements. Northern Virginia - particularly Loudoun County, the Prince William/Manassas area, and Fairfax County communities - has been one of the most intensely targeted regions in the country. Loudoun County Sheriff's Office reported ICE arrested over 250 people from their jail in 2025.

Part 1: Your rights under federal law - everywhere, including Virginia

These rights come from the U.S. Constitution. They apply in Virginia regardless of immigration status, citizenship, or how you entered the country.

At your front door

The Fourth Amendment protects your home from government entry without your consent or a judicial warrant. A judicial warrant is signed by a federal judge, based on probable cause, and authorizes entry to a specific address. An administrative warrant - ICE Form I-200 or I-205 - is signed by an immigration officer, not a judge, and does not authorize entry to your home without your consent. Ask through the door which type of warrant is being presented. If it is administrative, you are not required to open the door.

During a traffic stop or street encounter

You have the right to remain silent. You do not have to answer questions about where you were born, your immigration history, or your status. You can say you are exercising your right to remain silent and want to speak to a lawyer. You can ask whether you are free to go. If the officer says yes, you may calmly leave.

Do not lie and do not provide false documents. Silence is a legal right. False statements are a separate crime.

At your workplace

ICE may enter public areas of a workplace without a warrant. Private areas generally require a judicial warrant or employer consent. You have the right to remain silent in any workplace encounter.

Do not sign anything without a lawyer

Documents presented during an ICE arrest may include voluntary departure agreements or stipulated removal orders that waive your right to a hearing before an immigration judge. Do not sign anything without speaking to an attorney first.

Part 2: What Spanberger's orders did and did not change

What changed - state agency agreements terminated

As of February 5, 2026, the following state agencies were directed to terminate their 287(g) agreements: Virginia State Police, Virginia Department of Corrections, Virginia Conservation Police, and Virginia Marine Police. Under Youngkin's executive order, the Virginia State Police had jurisdiction over 78,000 miles of highways and conducted more than 235,000 traffic stops in 2025. With VSP out of 287(g), a routine traffic stop by a Virginia State Police trooper no longer carries the same immigration enforcement potential it did during Youngkin's term.

What did not change - local sheriff agreements remain

Spanberger's directive has no effect on local sheriff's departments and regional jails that have independently entered 287(g) agreements. As of early February 2026, approximately 27 such agreements remained active across 25 Virginia localities. Local sheriffs are independently elected and decide whether to maintain or terminate their own agreements. Spanberger noted that she was 'not forcing them to' cooperate but was no longer requiring it. Some localities have chosen to maintain their arrangements.

This means that in counties where the sheriff has a 287(g) agreement - including Loudoun County - an arrest and booking into the county jail can trigger ICE notification and a detainer through the sheriff's agreement, even though Virginia State Police are no longer participating. Knowing your county sheriff's current posture is the most important piece of jurisdiction-specific information for Virginia families.

Legislative developments - HB1441 and SB783

The 2026 Virginia General Assembly passed HB1441 and SB783, bills that restrict 287(g) agreements by limiting how and when state and local officers may perform federal immigration enforcement functions and barring informal cooperation without a valid judicial warrant. Governor Spanberger signed some immigration bills from the session and sought changes to others. State Senator Salim, a prime sponsor, said the bills protect not just immigrants but all Virginians from untrained or poorly supervised federal agents operating in local communities. Verify the final enacted status and provisions of these bills with current sources, as the legislative process included back-and-forth on specific provisions.

Part 3: Northern Virginia - the enforcement hotspot

Northern Virginia - particularly the communities in Fairfax, Loudoun, Prince William, and Arlington counties - has been one of the most intensely targeted regions in the country for ICE enforcement. These communities have large, established immigrant populations from Latin America, Central America, and numerous other countries.

Loudoun County: The Loudoun County Sheriff's Office has a 287(g) agreement and ICE arrested over 250 immigrants from the Loudoun County Jail in 2025, roughly twice the prior year's number. Loudoun County generally leans politically moderate to blue but the elected sheriff participates in enforcement. Spanberger's order did not change Loudoun's sheriff agreement.

Prince William County/Manassas: This area previously had a 287(g) agreement that ended in 2020, after decades of controversy. Whether the local sheriff has re-enrolled under the new enforcement environment should be verified with current sources.

Arlington: Arlington County has maintained a posture of limited cooperation with ICE for civil immigration enforcement. Verify current policies.

State Sen. Saddam Azlan Salim of Fairfax, speaking during General Assembly debate, shared that his own family had been pulled over by federal immigration officers because of their appearance - a documented account of racial profiling in Northern Virginia by federal agents, not local law enforcement.

Part 4: The 2025 surge - what it documented

Under Youngkin's executive order, ICE arrests in Virginia surged to approximately 7,000 in 2025 - nearly seven times the 2024 rate. Critically, 56 percent of those arrests were civil enforcement not tied to any criminal violations, up from 19 percent the prior year. This shift - from predominantly criminal-record-based enforcement to majority civil-only enforcement - means that people with no criminal history became the majority of those arrested.

ICE also conducted enforcement in Northern Virginia as early as Youngkin's executive order - including an operation that arrested 30 gang members in Northern Virginia, which became part of the political justification for expanded enforcement. The operation mixed criminal enforcement with the broader civil enforcement surge that followed.

Part 5: What to do right now, before anything happens

Know your A-number and make sure trusted family members have it written down. Virginia ICE detainees may be held at local jails, regional detention facilities, or transferred to out-of-state ICE facilities.

Know your county sheriff's current 287(g) status. Spanberger's order removed Virginia State Police and state corrections from 287(g), but did not affect local sheriffs. In Loudoun County, the sheriff has an active agreement. In other Northern Virginia counties, verify with current sources. Legal Aid Justice Center of Virginia tracks local agreements.

Know that Virginia State Police are no longer conducting immigration enforcement under a 287(g) agreement. A routine traffic stop by VSP no longer carries the same enforcement risk as during 2025. This is a meaningful change for families whose daily travel involves state highways.

Know that ICE still operates independently throughout Virginia and does not need local cooperation to conduct enforcement. Federal agents can and do conduct operations in Northern Virginia communities regardless of local or state enforcement posture.

Connect with Legal Aid Justice Center of Virginia before a crisis. They have been the primary organization tracking Virginia's enforcement landscape and supporting the legislative push for 287(g) restrictions.

Prepare guardianship documents for any children. Set up a financial power of attorney so a trusted person can manage accounts if you are detained.

Part 6: Legal help and resources in Virginia

Legal Aid Justice Center of Virginia has been the primary immigration advocacy and legal services organization driving the push for Virginia's 287(g) restrictions and tracking enforcement developments statewide. Their website is justice4all.org.

ACLU of Virginia has tracked the Youngkin-to-Spanberger enforcement shift and the legislative developments. Their website is acluva.org.

Virginia Mercury and VPM News have done the most in-depth journalism on Virginia's enforcement landscape transition and the 2026 General Assembly immigration bills.

For immigration court case information, call the EOIR automated line at 1-800-898-7180. To locate someone in ICE custody, use the ICE Online Detainee Locator at locator.ice.gov. Virginia detainees may be held at local jail facilities, the Farmville Detention Center (operated by ICA), or transferred to other facilities. Call the ICE Detention Reporting and Information Line at 1-888-351-4024 if your person does not appear in the locator.

Immigration Advocates Network lists Virginia legal providers at immigrationadvocates.org.

Virginia went from zero 287(g) agreements before 2025 to more than 30 under Youngkin's executive order, driving approximately 7,000 ICE arrests in 2025 - seven times the prior year's rate. Governor Spanberger terminated all state agency 287(g) agreements in February 2026, removing Virginia State Police and state corrections from immigration enforcement. Twenty-seven local sheriff and jail agreements remain active, including Loudoun County's, and those are unchanged by Spanberger's orders. The 2026 General Assembly passed bills further limiting 287(g) and requiring judicial warrants for informal cooperation. Your federal constitutional rights apply in full: an administrative warrant does not authorize entry to your home, your right to remain silent is unchanged, and you cannot be compelled to sign anything without a lawyer. Knowing your county sheriff's current 287(g) status, connecting with Legal Aid Justice Center of Virginia, and having legal contacts before a crisis are the foundations for protecting your family in Virginia.

This page reflects conditions as of mid-2026. Spanberger's directive terminating state agency 287(g) agreements was issued February 5, 2026. Approximately 27 local sheriff and jail agreements remained as of early February 2026 - some may have since terminated. HB1441 and SB783 passed the General Assembly; verify their enacted provisions with current sources. Verify your county sheriff's current 287(g) status with Legal Aid Justice Center of Virginia.

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