NORFOLK, Va. — Gov. Abigail Spanberger (D-Virginia) is directing state law enforcement agencies to end agreements with U.S. Immigration and Customs Enforcement, marking a policy shift from the previous administration.
Spanberger's directive updates an executive order she signed on her first day in office. It rescinds a Youngkin administration order that directed state law enforcement to work with ICE on enforcing immigration laws.
"Taking Virginia law enforcement state agency personnel and basically giving them over to ICE is something that ends today," Spanberger said Wednesday.
ICE's program, called 287(g), essentially deputizes state and local law enforcement agencies to become ICE agents if they reach agreements with the federal agency. The agreement with Virginia state agencies, including state police, is ending under Spanberger's directive.
The directive does not impact local police departments or sheriff's offices if they have agreements with ICE. No Hampton Roads department has a 287(g) agreement with ICE.
"Fundamentally it's not the job of the state police or local police to enforce federal law," said Tim Anderson, a Virginia Beach attorney and former Republican state delegate.
Anderson notes that someone's immigration status on its own is a matter of civil law, not criminal law, so in his view, it makes sense for federal agents to handle these cases.
"They're not arresting people for being here illegally under criminal law. They're arresting people for being here illegally under civil law with authority that Congress has specifically given them to federal immigration officers," Anderson said.
Hugo Valverde, another attorney who handles local immigration cases, says his office has been getting more calls recently.
"With this, people can now have some assurance that our state law enforcement agencies will be directing their resources to enforcing state laws," Valverde said.
However, Valverde notes that ICE maintains a presence in Hampton Roads.
"They do have a presence in our area, but it's much more subdued let's say than what we see on the news like in Minneapolis, but they're active in our community," Valverde said.
Spanberger made it clear that state law enforcement could still work with ICE on task forces and cooperate if ICE agents have a judicial warrant against someone.
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