Del. Alfonso Lopez (D-3) is proposing several pieces of legislation to place restrictions on federal immigration enforcement in Virginia, including at sensitive locations like schools and polling places.
One bill introduced by Lopez would prohibit federal immigration enforcement within 40 feet of polling places, as well as near local electoral board locations to certify or recount election results. Activities like loitering and handing political materials are already restricted within 40 feet of polling places, but immigration enforcement is not explicitly mentioned under current Virginia law.
Other legislation from Lopez calls for prohibiting ICE activity in places like hospitals and schools and prohibiting law enforcement from assisting federal immigration enforcement operations, except when there’s a judicial warrant, subpoena or detainer.
During a House Democrats news conference yesterday (Wednesday), Lopez said immigration officers near polling places would create concerns about public safety and citizens’ voting rights.
“When armed, masked, or unidentified agents create fear around polling places, that’s not law enforcement,” Lopez said. “That’s intimidation of legal voters, and it undermines our democracy. Our legislation ensures that Virginia citizens can exercise their rights freely, safely and without harassment, without bullying and intimidation.”
Only U.S. citizens with Virginia residency are permitted to vote in Virginia’s elections. However, ICE has been increasingly demanding documents proving U.S. citizenship during the Minnesota anti-ICE protests and at other locations. Some citizens may not regularly carry these types of documents, including birth certificates, U.S. passports, certificates of naturalization or citizenship, or tribal documents.
Lopez’s bills were assigned to a House Public Safety Subcommittee.
Virginia House Democratic Caucus members filed several other bills in response to the fatal shootings of Renee Good by ICE and Alex Pretti by Customs and Border Patrol.
Legislation from Katrina Callsen (D-54) calls for prohibiting the civil arrest of a person while attending or going to and from their court hearing, except when an agent meets requirements like a judicial order or warrant. This has precedent in Arlington, where an undocumented immigrant detained outside the county magistrate’s office last July prompted a public dispute involving Acting ICE Director Todd Lyons, the Arlington County Sheriff’s Office and Commonwealth’s Attorney Parisa Dehghani-Tafti.
Another bill by Del. Kathy Tran (D-18) seeks to limit state agencies’ release of personal information to what’s required by state and federal law.
Other legislation from Democrats targets state and local law enforcement cooperation with federal immigration enforcement, and mask wearing for most state and federal officers. State Sen. Saddam Azlan Salim has introduced several companion bills in the Senate.
On her first day of office, Gov. Abigail Spanberger (D) had revoked an executive order from former Gov. Glenn Youngkin (R) that directed Virginia State Police to assist ICE.
