A bill from Del. Alfonso Lopez (D-3) seeking to limit law enforcement collaboration with federal immigration enforcement has received minor adjustments from Gov. Abigail Spanberger.
Lopez’s HB 1441, and companion bill SB 783, ban state and local law enforcement agreements with federal immigration enforcement and limit when state and local law enforcement can cooperate.
Spanberger (D) proposed a minor amendment to the bill language to clarify exceptions for transfers of any adult facing a federal immigration detainer, not just violent offenders. The General Assembly-passed version already incorporates this exception.
“The Governor’s amendments make clear that the legislation allows the Department of Corrections, local sheriffs, and jails to honor federal immigration detainers from ICE and transfer custody of a felon,” Spanberger’s office said in a release.
The bills seek to prohibit state and local law enforcement’s agreements with federal immigration agencies, which expands upon Spanberger’s executive order that banned 287(g) agreements with U.S. Immigration Enforcement for the state’s law enforcement.
Under the bills, state and local law enforcement cannot assist with federal civil immigration law cases, except when federal immigration officers present a valid judicial warrant or judicial subpoena. Transfers of inmates are also permitted with a federal immigration detainer.
Lopez told ARLnow he worked with Spanberger’s administration and advocates on the bill.
“By requiring the use of judicial warrants for agreements with local and state police, HB 1441 will help protect Virginians from the reckless and dangerous activities ICE has taken in Minnesota and other states,” Lopez said.
HB 1441 was one of several bills responding to backlash to federal immigration enforcement actions under President Donald Trump, including two fatal shootings of people protesting in Minnesota. As of Tuesday, 47 people in the U.S. have died in ICE custody since Trump took office for a second term in January 2025.
Several other immigration enforcement bills received amendments from Spanberger.
HB 650, which incorporated two Lopez bills (and companion bill SB 351) would restrict federal immigration enforcement in areas like polling places, hospitals, health care facilities and schools, unless an officer has a valid judicial warrant.
The General Assembly-passed version would prohibit sheriff’s office deputies, law enforcement or security from allowing a law enforcement to enter a courthouse for a civil arrest unless they have a judicial warrant. It would also define a violation of the ban on civil arrests without a warrant in courthouses as contempt of court and allow Virginia’s attorney general to bring civil charges against violators.
Spanberger’s substitute, however, narrows the scope of the restrictions around civil arrests at courthouses. Her amendment keeps state and local courthouses as protected locations along with health care facilities, schools, commonwealth’s attorney offices and polling places unless a judicial warrant is provided.
HB 1482 and SB 352, which would ban law enforcement from wearing face masks, also received amendments from Spanberger. The governor’s substitute removes a Class 1 misdemeanor for a mask-wearing violation, as well as a requirement for law enforcement to wear identifying information and the name of the agency when performing duties. The legislation provides health and safety exemptions.
Another Lopez bill signed by the governor (HB 911 and companion bill SB 446) extends the validity of driver privilege and identification cards for non-citizens to the same time period of regular driver’s licenses. That is up to eight years for a regular driver’s license and up to five years for a person 75 or older.
The governor also signed a pair of bills (HB 836 and SB 491) guaranteeing K-12 public school education without discrimination regardless of immigration status of the child or their parents. The right to public education is federally protected under a Supreme Court ruling.
