Virginia Immigration: State Rules vs. Federal Law - and What to Do Here

This article reflects Virginia law and enforcement conditions as of June 2026. Virginia's immigration enforcement landscape underwent a dramatic reversal of direction in January 2026 when Democratic Gov. Abigail Spanberger succeeded Republican Gov. Glenn Youngkin. Key facts: Under Youngkin's Executive Order 47 (signed early 2025), Virginia State Police, Virginia Department of Corrections, and other state agencies entered 287(g) agreements with ICE; local sheriffs were encouraged to join. Virginia went from zero 287(g) agreements to approximately 32 agreements statewide, covering state and local agencies, with 223 personnel nominated for immigration enforcement roles. ICE arrests in Virginia surged to approximately 7,000 in 2025 - seven times 2024's count - with 56% being civil enforcement not tied to any criminal violation. On January 17, 2026, Spanberger rescinded EO 47 on her first day in office. On February 5, 2026, she signed an Executive Directive instructing all state agencies to terminate their 287(g) agreements. Virginia State Police and state agencies are no longer in 287(g) programs as a result. Local 287(g) agreements were not affected by the governor's actions. HB1441 (Lopez) and SB783 (Salim), signed by Gov. Spanberger on April 24, 2026, and effective July 1, 2026: require that any local law enforcement agency that enters or continues a federal immigration enforcement agreement must obtain ICE's written agreement to comply with 12 specific conditions, including adhering to Virginia state laws on arrests, wearing visible identification, and allowing investigations of any shooting by ICE agents. Existing agreements must obtain that written ICE agreement by September 1, 2026 - or the agreement is void by operation of law. Because ICE is not expected to agree to be subject to Virginia state law, most or all local 287(g) agreements may be effectively voided by September 1, 2026 unless a court intervenes. The Trump administration filed a federal lawsuit on June 11, 2026, in the Eastern District of Virginia challenging both HB1441/SB783 (the 287(g) conditions law) and SB352 (the mask law signed May 20, 2026), arguing they violate the Supremacy Clause. Both laws take effect July 1, 2026; litigation was pending as of June 2026. Additional laws signed by Spanberger in 2026: SB352 (signed May 20, 2026, effective July 1, 2026) - requires law enforcement officers including federal agents to wear visible identification and bans face coverings during enforcement; HB650 (signed) - creates protected zones at schools, hospitals, and other sensitive locations where immigration enforcement is restricted without judicial warrants. Riverside Regional Jail in Prince George County is Virginia's primary ICE detention facility; it derives over 50% of its projected 2026 revenue from ICE detention, according to jail board minutes. Verify current litigation and enforcement status at the Legal Aid Justice Center (justice4all.org/immigration) or the Virginia Coalition for Immigrant Rights.

Where Virginia Stands

Virginia presents the most dramatic governance-change story in this entire 50-state series. Under Youngkin, the state went from zero 287(g) agreements to 32 in less than a year, becoming an epicenter - in the words of immigrant advocates - of the Trump administration's enforcement expansion. ICE arrests increased approximately sevenfold in 2025. Virginia State Police, with jurisdiction over 78,000 miles of highway and more than 235,000 traffic stops per year through early September 2025, had Task Force 287(g) authority, meaning every traffic stop on a Virginia highway carried potential immigration enforcement risk.

Spanberger took office January 17, 2026, as a Democrat with a former federal law enforcement background, and moved immediately and systematically to unwind the state's enforcement posture. She rescinded EO 47 on day one, ended state agency agreements in February, and signed two significant pieces of legislation in April and May 2026 that attempt to condition continued local 287(g) agreements on ICE's acceptance of Virginia-law requirements - a mechanism that both supporters and critics believe will effectively void most or all local agreements because ICE is not expected to agree to be regulated by state law.

The Trump DOJ's lawsuit on June 11, 2026 - challenging both the 287(g) conditions law and the mask law - makes Virginia the second state after Illinois to face federal litigation over these types of protective measures. Whether Virginia's laws survive Supremacy Clause scrutiny in the Fourth Circuit will significantly affect the national debate about states' ability to condition or limit local participation in federal immigration enforcement.

Virginia's immigrant population is among the most diverse in the nation and heavily concentrated in Northern Virginia - Fairfax, Loudoun, Prince William, and Arlington counties - which are suburban Washington D.C. communities with large populations from Central America, South and East Asia, and the Middle East. Richmond, Hampton Roads, and the Shenandoah Valley also have significant immigrant communities.

Part 1: What Federal Immigration Law Actually Says

Immigration enforcement is exclusively a federal function under the Immigration and Nationality Act (INA). The federal government controls who may enter, remain in, and be removed from the United States. State and local governments cannot create their own immigration enforcement systems that conflict with the INA.

The Tenth Amendment anti-commandeering doctrine, established in Printz v. United States (1997), means the federal government cannot compel state and local agencies to enforce federal immigration law. Youngkin's EO 47 directed Virginia state agencies to enter into 287(g) agreements voluntarily - the state directing its own agencies. Spanberger's directive and the new legislation operate on the same principle in reverse: the state directing its agencies to exit those agreements.

Section 287(g) of the INA creates the voluntary delegation mechanism through which local agencies take on immigration enforcement functions. The Task Force Model is the broadest - it authorizes immigration enforcement during routine patrol including traffic stops. The Jail Enforcement and Warrant Service Officer models restrict enforcement to the jail context. Youngkin's EO pushed state and local agencies primarily toward Task Force agreements.

The Supremacy Clause question at the heart of HB1441/SB783 and SB352 is whether Virginia can condition local agencies' participation in federal programs, or require federal agents to comply with state law. The Trump DOJ's June 11, 2026 lawsuit argues Virginia cannot: that requiring ICE agents to comply with Virginia state law as a condition of 287(g) agreements violates the Supremacy Clause because it discriminates against the federal government and attempts to regulate federal officers. Virginia's position is that it is merely directing its own subdivisions and setting conditions on agreements entered into under state authority. This question is now before the Eastern District of Virginia.

Arizona v. United States (2012) is the controlling preemption precedent. Both sides in the Virginia litigation will invoke it: the state says it is limiting state participation consistent with Arizona; the federal government says Virginia is attempting to regulate federal enforcement in violation of Arizona.

Part 2: Virginia State Law - The Two-Administration Story

Governor Youngkin's Executive Order 47 (Early 2025) - Rescinded

Gov. Glenn Youngkin signed Executive Order 47 in early 2025, directing Virginia State Police and other state law enforcement agencies to enter into 287(g) agreements with ICE. EO 47 also encouraged local sheriffs and police departments to join the program. As a result: Virginia State Police - with jurisdiction over 78,000 miles of highway - obtained Task Force 287(g) authority, meaning state troopers could make immigration enforcement inquiries and arrests during routine traffic stops. The Virginia Department of Corrections entered agreements that created immigration enforcement exposure in the state prison system. Additional state agencies also signed agreements. By early 2026, Virginia had approximately 32 agreements covering state and local agencies, with 223 personnel nominated for immigration enforcement roles. ICE arrested approximately 7,000 people in Virginia in 2025, seven times the 2024 level, with 56% civil enforcement not tied to criminal violations. Gov. Spanberger rescinded EO 47 on her first day in office, January 17, 2026. On February 5, 2026, she signed an executive directive instructing all state agencies to terminate their 287(g) agreements. Virginia State Police and state agencies exited the 287(g) program as a result. The local agreements were unaffected by the governor's executive actions.

HB1441 and SB783 - 287(g) Conditions Law (Signed April 24, 2026; Effective July 1, 2026; Under Federal Litigation)

Gov. Spanberger signed HB1441 (Del. Alfonso Lopez, D-Arlington) and SB783 (Sen. Saddam Azlan Salim, D-Fairfax) on April 24, 2026. The laws take effect July 1, 2026, and are under federal court challenge as of June 2026. The laws apply to any state or local 'federal immigration enforcement agreement,' defined to include both 287(g) program agreements and Intergovernmental Service Agreements (IGSAs) for civil immigration detention.

Under HB1441/SB783: No Virginia law enforcement agency - including sheriff's offices, police departments, local and regional correctional facilities, the State Police, Corrections, and Juvenile Justice - may maintain, renew, or enter into a federal immigration enforcement agreement unless ICE agrees in writing to comply with 12 specific conditions. Those conditions include: ICE agents adhering to Virginia's laws on arrests and detentions; ICE agents wearing visible identification during enforcement; restrictions on where ICE agents may conduct enforcement operations; and a requirement that any shooting by an ICE agent while on duty in Virginia be investigated by the Virginia State Police and subject to prosecution by the Commonwealth's attorney or Attorney General.

Existing agreements: Any law enforcement agency with an existing federal immigration enforcement agreement in effect on July 1, 2026, must obtain ICE's written agreement to the 12 conditions by September 1, 2026. If ICE does not agree in writing by September 1, 2026, the agreement is voided by operation of law. Both supporters of the law and critics - including Republican sheriffs opposed to it - agree that ICE is unlikely to accept these conditions, meaning most or all existing agreements would be effectively void by September 1, 2026 unless a court intervenes. The Virginia Attorney General has authority to enforce the conditions.

Important amendment: During enactment, the legislature accepted Gov. Spanberger's recommendation to amend SB783 to clarify that jails can still honor ICE detainer requests for individuals convicted of violent felonies under Virginia Code section 19.2-297.1, as authorized by section 53.1-220.2. This carve-out preserves cooperation on violent criminal cases while restricting civil enforcement cooperation.

SB352 - Mask and Identification Law (Signed May 20, 2026; Effective July 1, 2026; Under Federal Litigation)

Gov. Spanberger signed SB352 on May 20, 2026, requiring law enforcement officers - including federal agents - to wear visible identification and banning face coverings during enforcement operations. In announcing the signing, Spanberger referenced the killings of Renee Good and Alex Pretti in Minnesota as examples of why mask accountability is necessary. The Trump DOJ's June 11, 2026 lawsuit challenges SB352 as an unconstitutional attempt to regulate federal law enforcement officers, arguing it violates the Supremacy Clause by imposing Virginia criminal law on federal agents acting in their official capacity.

HB650 - Protected Zones Law (Signed 2026; Effective July 1, 2026)

Virginia also enacted HB650, creating protected zones at schools, hospitals, courts, and other sensitive locations where immigration enforcement is restricted without judicial warrants. This law takes effect July 1, 2026. It builds on the school-specific guidance already in effect and extends protection to a broader range of sensitive locations. It is subject to the same Supremacy Clause questions that apply to HB1441 and SB352.

The DOJ Lawsuit - Filed June 11, 2026

The Trump administration's Department of Justice filed a federal lawsuit against the Commonwealth of Virginia in the Eastern District of Virginia on June 11, 2026, challenging HB1441/SB783 and SB352. The lawsuit argues that both laws violate the Supremacy Clause of the U.S. Constitution by attempting to subject federal officers and the federal 287(g) program to Virginia state law. The DOJ's complaint argues that Virginia cannot impose 12 conditions on ICE's participation in its own federal program, and cannot criminalize federal agents for conduct in performance of their official duties. The lawsuit was filed approximately three weeks before the laws' July 1, 2026 effective date. Whether a court issues a preliminary injunction staying the laws before they take effect is the most immediate pending question as of June 2026. Verify litigation status at justice4all.org or the Virginia Mercury.

Riverside Regional Jail - Virginia's Primary ICE Detention Facility

The Riverside Regional Jail in Prince George County, south of Richmond, is Virginia's primary ICE detention facility. According to the jail's own board minutes, more than 50 percent of its projected 2026 revenue is expected to come from ICE detention. The jail has detained thousands of people for ICE since mid-2025. Legal Aid Justice Center investigations found that individuals held at Riverside often have difficulty being located through standard ICE detainee locator systems and face challenges contacting attorneys and family. Most individuals held at Riverside, LAJC reported, do not have criminal histories. The jail has also begun holding women in ICE detention, which is described as exceedingly rare. Transfers from Riverside to other facilities also occur.

Part 3: How State and Federal Law Interact in Virginia

Virginia's current situation represents the leading edge of a national legal confrontation between state authority over local law enforcement cooperation and federal authority over immigration enforcement. The July 1, 2026 effective date of HB1441, SB783, and SB352 - and the June 11, 2026 DOJ lawsuit - create a compressed timeline in which court rulings in the first weeks of July 2026 will determine whether Virginia's protective framework takes effect as enacted.

The central legal questions are: (1) Can Virginia impose conditions on local agencies' participation in federal 287(g) programs? Virginia argues it is directing its own subdivisions; the DOJ argues it is discriminating against the federal government. (2) Can Virginia require federal agents to wear identification and prohibit face coverings? Virginia argues it is a legitimate accountability measure; the DOJ argues it imposes state criminal law on federal agents performing official functions. These questions will be decided by the Fourth Circuit and potentially the Supreme Court.

Whatever the courts ultimately decide, the practical reality as of the filing of this article (June 2026) is transitional. State agencies are out of 287(g). Local agencies' agreements are intact through at least July 1 and potentially September 1, 2026 if courts do not intervene. Federal enforcement through the Washington Field Office of ICE continues regardless of state law.

Part 4: What This Means for Families on the Ground

For immigrant families in Virginia, the critical dates are July 1 and September 1, 2026. If the laws take effect without court intervention: after July 1, all new or renewed local 287(g) agreements must comply with the 12 conditions; after September 1, existing agreements that have not obtained ICE's written agreement to the 12 conditions are voided. If ICE refuses to accept the conditions - as most observers expect - most local 287(g) agreements in Virginia would effectively end by September 1.

If courts stay the laws pending the DOJ lawsuit, the existing 287(g) framework continues in whatever form courts permit. This is the most volatile legal situation in this series outside of Texas SB4. Monitor aclutx.org and the Virginia Mercury for court orders.

As of June 2026, with Virginia State Police out of the 287(g) program, routine traffic stops by state troopers no longer carry formal Task Force immigration enforcement risk. However, approximately 22 county sheriffs and other local agencies retain 287(g) agreements until the September 1 deadline or court order. Families in those counties face continued enforcement risk from local law enforcement encounters.

Riverside Regional Jail remains Virginia's primary ICE detention facility, with over 50% of its revenue projected to come from ICE detention in 2026. Individuals detained in Virginia may be held at Riverside, with potential challenges to locating them through the ICE Detainee Locator. Contact LAJC immediately if a family member cannot be located after detention.

Northern Virginia counties - Loudoun, Prince William, Fairfax - have had significant ICE enforcement activity. Loudoun County's sheriff held a 287(g) agreement and ICE arrested over 250 immigrants from the Loudoun jail in 2025. Even in jurisdictions that lean Democratic politically, sheriffs who hold independent elected positions may have agreements separate from county board decisions.

Part 5: What You Can Actually Do

If ICE Comes to Your Home

Do not open the door. ICE cannot legally enter a home without a judicial warrant signed by a judge. An administrative warrant, Form I-200 or I-205, is signed by an immigration officer, not a judge, and does not authorize home entry. Ask through the closed door: 'Is this warrant signed by a judge?' If not, say clearly that you do not consent to entry.

You have the right to remain silent. Say: 'I am exercising my right to remain silent. I want to speak with a lawyer.' Do not answer questions about your birthplace, how you entered the country, or your immigration status. Do not sign anything without speaking with an attorney.

During a Traffic Stop

Virginia State Police are no longer in the 287(g) program as of the governor's February 2026 directive. State trooper traffic stops no longer carry formal Task Force immigration enforcement authority. However, sheriffs in counties with local 287(g) agreements retain that authority in their jurisdictions. Know whether your county sheriff holds a 287(g) agreement. Verify at justice4all.org/immigration or ice.gov.

Provide your driver's license, registration, and proof of insurance. Note that Virginia does not have a standard driver's license or driving privilege card available regardless of immigration status. You have the right to remain silent on immigration matters beyond producing required driving documents.

At Protected Locations (Effective July 1, 2026, If Not Stayed by Courts)

HB650 creates protected zones at schools, hospitals, courts, and other sensitive locations where immigration enforcement requires judicial warrants. If these laws take effect July 1, 2026, enforcement at these locations will require judicial authorization. Verify with Legal Aid Justice Center or the Virginia AG's office whether the laws are in effect or stayed by courts.

If a Family Member Is Detained

Use the ICE Online Detainee Locator at locator.ice.gov immediately. If the person cannot be located, contact the Legal Aid Justice Center (justice4all.org) immediately - LAJC has documented that people held at Riverside Regional Jail can be difficult to locate through standard systems.

Call the ICE Detention Reporting and Information Line: 1-888-351-4024.

Call the EOIR Immigration Court Information Line: 1-800-898-7180.

Contact the Legal Aid Justice Center: justice4all.org. LAJC is Virginia's primary organization for immigration rights enforcement, has conducted extensive investigation of 287(g) agreements in Virginia, and is tracking all litigation.

Contact the Virginia Coalition for Immigrant Rights: immigrantrightsva.org.

Contact CASA: wearecasa.org. The region's largest Latino and immigrant advocacy organization, serving Northern Virginia and the DC metro.

Contact the International Rescue Committee Richmond: rescue.org/city/richmond.

Know the Risk Points in Virginia

Local 287(g) agreements: approximately 22 sheriff's offices hold local agreements as of early 2026. These are unaffected by Spanberger's executive actions. Verify your county's current agreement status at ice.gov or justice4all.org/immigration.

HB1441/SB783 and SB352 take effect July 1, 2026. The DOJ lawsuit filed June 11, 2026 seeks to block them. Whether a court issues a preliminary injunction before July 1 determines whether these laws operate. Monitor at justice4all.org.

September 1, 2026 is the deadline for existing 287(g) agreements to obtain ICE's written compliance with 12 conditions - or be voided. ICE is not expected to comply, effectively voiding most agreements unless courts intervene.

Riverside Regional Jail in Prince George County holds the bulk of ICE detainees in Virginia. More than 50% of projected 2026 revenue comes from ICE detention. Contact LAJC immediately if a family member held there cannot be located.

Virginia State Police are no longer in 287(g). Routine state highway encounters no longer carry Task Force enforcement risk from troopers.

Part 6: Legal Resources in Virginia

Legal Aid Justice Center: justice4all.org. Primary immigration rights organization in Virginia; conducted extensive 287(g) investigation; tracking all 2026 litigation.

Virginia Coalition for Immigrant Rights: immigrantrightsva.org. Statewide advocacy and coordination.

CASA: wearecasa.org. Largest Latino and immigrant advocacy organization in the DC-Maryland-Virginia region.

Legal Services of Northern Virginia: lsnv.org. Free civil legal services including immigration for Northern Virginia.

Capital Area Immigrants' Rights (CAIR) Coalition: caircoalition.org. Immigration legal representation in the DC-Virginia-Maryland area.

Ayuda: ayuda.net. Immigration legal services and social services for immigrants in Virginia and DC.

Virginia Office of New Americans: newamericans.virginia.gov. State office for immigrant integration and services.

Immigration Advocates Network: immigrationadvocates.org.

EOIR Immigration Court Information Line: 1-800-898-7180.

ICE Detainee Locator: locator.ice.gov.

ICE Detention Reporting and Information Line: 1-888-351-4024.

Summary

Virginia's immigration enforcement landscape reversed dramatically in early 2026. Under Youngkin's EO 47, Virginia went from zero to approximately 32 287(g) agreements, Virginia State Police obtained Task Force authority, and ICE arrested approximately 7,000 people in 2025 - seven times the prior year. Gov. Spanberger rescinded EO 47 on her first day, directed state agencies to exit 287(g) agreements in February 2026, and signed HB1441/SB783 (April 24, 2026) and SB352 (May 20, 2026), all effective July 1, 2026. HB1441/SB783 require local agencies to obtain ICE's written agreement to 12 Virginia-law conditions before maintaining immigration enforcement agreements, with existing agreements void as of September 1, 2026 if ICE refuses. SB352 requires law enforcement including federal agents to wear identification and prohibit face coverings during enforcement. HB650 creates protected zones at schools and hospitals.

The Trump DOJ filed suit on June 11, 2026, challenging HB1441/SB783 and SB352 as violations of the Supremacy Clause. Both laws take effect July 1, 2026; court orders may stay them before or after that date. Virginia State Police are no longer in 287(g). Approximately 22 local sheriff agreements remain active through at least July 1 and potentially September 1. Riverside Regional Jail in Prince George County is Virginia's primary ICE detention facility, with more than half its 2026 revenue projected from ICE detention. Verify current litigation status and local 287(g) agreement status at justice4all.org and the Virginia Mercury before relying on this article.

Sources and verification: Bolts Magazine, 'Virginia's New Governor Ends ICE Program. Local Contracts Remain, For Now,' February 5, 2026 (Youngkin EO 47; Spanberger day-one rescission; state agency exit; 22 local sheriff agreements; Loudoun County 250+ arrests 2025; 7,000 Virginia ICE arrests 2025; 56% civil enforcement; Deportation Data Project; state police 78,000 miles highway jurisdiction; 235,000 traffic stops through early September 2025); VPM, 'ICE Enforcement Nationwide Shaped Virginia Immigration Bills in Real Time,' February 25, 2026 (EO 47 timeline; 32 agreements as of February 20, 2026; zero before 2025; SB783 21-19 Senate vote; Salim quotes; Lopez quotes; Prince William-Manassas Regional Jail ended agreement in 2020); VPM, 'General Assembly Sends Slate of Immigration Bills to Spanberger's Desk,' March 23, 2026 (HB1441, SB783 passed; conditions on 287g agreements; VA AG enforcement authority; Sen. Philips quote; school/hospital protections; HB650; HB1440, HB1442 incorporated into HB650); Bolts Magazine, 'Virginia Is Banning ICE Contracts, Unless the Feds Agree to Obey the Law,' April 22-23, 2026 (SB783 became law April 22; September 1 deadline; ICE not expected to comply; Loudoun Sheriff Chapman; Chesapeake Sheriff Chadwick quote; Riverside jail 50% ICE revenue; IGSA context; mask and protected location bills); WAVY, 'Virginia Governor Signs Bills to Boost Transparency in Immigration Enforcement,' May 21, 2026 (SB352 signed May 20, 2026; 70% detained without criminal conviction per governor's office; Spanberger quote on masks; Renée Good and Alex Pretti reference); Legal Aid Justice Center, 'Breaking: Laws Limiting ICE Signed by the Governor,' April 24, 2026 (HB1441 and SB783 signed April 24, 2026); LAJC, 'Unmasking ICE's Collusion with Law Enforcement in Virginia' (justice4all.org; 32 agreements; 223 personnel; Riverside 50% revenue; people disappeared from locator system; VFOIA investigation; DOC supervised release deportation pathway; informal ICE cooperation); LAJC, 'New Resource Reveals 32 State and Local Government Contracts with ICE,' January 21, 2026 (32 agreements; 2 school security officers; Riverside jail revenue); Virginia Mercury, 'Spanberger Acts on Immigration Bills,' April 15, 2026 (Spanberger 'Virginia is not a sanctuary state'; SB783 and HB1441 pending; local agreement issue; Spanberger executive directive February 5, 2026); HB1441 enrolled text at lis.virginia.gov (12 conditions; September 1, 2026 deadline for existing agreements; violent felony carve-out for detainer cooperation under 19.2-297.1 and 53.1-220.2; July 1, 2026 effective date); Trump DOJ lawsuit, Case 3:26-cv-00545 (E.D. Va., filed June 11, 2026; challenges HB1441/SB783 and SB352; Supremacy Clause; both laws effective July 1, 2026); Governor Virginia.gov press release, February 4, 2026 (Spanberger Executive Directive language); Arizona v. United States, 567 U.S. 387 (2012); Printz v. United States, 521 U.S. 898 (1997). Volatile items requiring verification: DOJ lawsuit status (Case 3:26-cv-00545 E.D. Va.; filed June 11, 2026; preliminary injunction possible before July 1 effective date; monitor at justice4all.org or Virginia Mercury); current local 287g agreement count (22 sheriff's offices per Bolts reporting; verify at ice.gov); September 1, 2026 deadline outcome (depends on ICE response to conditions and any court orders); Riverside Regional Jail ICE detention status (over 50% revenue per board minutes; verify if law changes affect this). Last verified: June 2026.