An Act to amend the Code of Virginia by adding a section numbered 15.2-1726.1, relating to law-enforcement agencies; agreements with federal authority for immigration enforcement; requirements.
HB1441 adds a new section to the Code of Virginia governing when state and local law-enforcement agencies may participate in federal immigration enforcement agreements. The bill defines “federal immigration enforcement agreement” broadly to include agreements that authorize local officers to perform federal immigration functions or that allow civil immigration detention in local, regional, or state facilities. It then restricts law-enforcement officers from assisting in civil immigration enforcement unless they have a judicial warrant or subpoena, while preserving participation in investigations of state or federal crimes and joint task forces.
The bill also sets mandatory terms for any immigration enforcement agreement a Virginia law-enforcement agency maintains, renews, or enters. Those terms require advance disclosure of federal agents involved, compliance with Virginia law, clear identification of ICE agents, limits on immigration enforcement at schools, faith-based organizations, courthouses, and polling places, and restrictions on broad information requests and immigration-status inquiries absent judicial process. The bill further requires federal agents to consent to Virginia court jurisdiction for certain proceedings and prohibits certain surveillance use, though the provided text cuts off before the final clause is complete.
HB1441 changes Virginia law by creating new statutory limits and conditions on state and local cooperation with federal civil immigration enforcement. It affects sheriffs’ offices, police departments, correctional facilities, and other state or local agencies that perform law-enforcement functions, and it would constrain how they can enter into or continue agreements with U.S. Immigration and Customs Enforcement. The bill also creates enforceable standards for federal agents operating under such agreements and expands the role of Virginia law and courts in addressing violations tied to those agreements.
The available record does not include committee transcripts or recorded votes, so there is no direct evidence of debate or partisan division in the materials provided. Based on the bill’s structure, it appears designed to limit local participation in federal immigration enforcement while preserving criminal-law cooperation, suggesting support from lawmakers concerned with civil liberties, local autonomy, and immigrant protections. The enacted chapter status indicates the measure ultimately passed and was signed into law.
The main points of contention likely center on immigration enforcement, local-federal cooperation, and the scope of authority given to state and local law-enforcement agencies. Supporters would likely favor the bill’s restrictions on civil immigration enforcement, protections around schools, courthouses, polling places, and limits on broad information requests. Opponents would likely object that the bill interferes with federal immigration operations, imposes burdensome conditions on ICE agreements, and could complicate cooperation between local agencies and federal authorities. The requirement that federal agents comply with Virginia law and submit to Virginia court jurisdiction may also be a significant legal and practical point of dispute.