Federal Judge Blocks Virginia Law Restricting ICE Cooperation

U.S. District Judge Robert Payne issued a preliminary injunction blocking the Commonwealth of Virginia from enforcing key provisions of a new immigration law. The law, consisting of bills SB 783 and HB 1441, took effect on September 1 and imposed 12 conditions on local agencies—including bans on enforcement at schools—to maintain or enter 287(g) agreements, which deputize local officers for federal immigration duties.

Judge Payne ruled that the law likely violates the U.S. Constitution's Contract and Supremacy Clauses by impairing existing contracts and regulating federal law enforcement. The injunction prevents the state from applying these restrictions to existing agreements, though Virginia may still block localities that have never participated in the 287(g) program from entering new ones. This legal conflict follows a February directive from Governor Abigail Spanberger for state agencies to end such agreements.

Virginia Attorney General Jay Jones announced plans to appeal the ruling and seek a stay, arguing the state has the authority to ensure local resources are not diverted to federal responsibilities. Conversely, the Legal Aid Justice Center argued the ruling erodes the state's rightful oversight of its own subdivisions. The legal battle occurs amid heightened federal activity; Secretary of Homeland Security Markwayne Mullin recently oversaw an operation that arrested 1,328 people across Virginia and Maryland in early August.