A federal judge has blocked enforcement of a Virginia law that restricts state and local law enforcement cooperation with federal immigration authorities, including ICE, while a legal challenge proceeds. The ruling came as the U.S. Department of Justice (DOJ) successfully argued that the law interferes with federal immigration enforcement authority.
Judge halts Virginia law restricting ICE cooperation pending appeal
On August 31, U.S. District Judge Robert E. Payne of the Eastern District of Virginia issued a preliminary injunction against the law, which was signed by Virginia Governor Abigail Spanberger in April. The law, SB 783 and HB 1441, prohibited state and local agencies from entering into or renewing agreements with ICE under Section 287(g) of the Immigration and Nationality Act unless specific conditions were met. It also barred law enforcement officers from assisting federal immigration operations unless required by a judicial order.
The DOJ filed suit against Virginia in May, asserting that the law unlawfully interferes with federal immigration enforcement. In his ruling, Judge Payne found that the law directly regulates federal law enforcement conduct and may violate the intergovernmental immunity doctrine, which prevents states from obstructing federal operations. He also stated that frustration of federal immigration enforcement is not in the public interest, favoring an injunction while the case proceeds.
Virginia seeks to pause injunction; federal judge denies request
Virginia had requested that the court stay the injunction while the state appeals, arguing that the law’s enforcement was necessary to prevent harm. Judge Payne denied the request, concluding that Virginia had not demonstrated a likelihood of success on appeal or shown irreparable harm sufficient to justify a stay. The injunction remains in effect as the legal battle continues.
State AG launches investigation into Greene County Sheriff’s ICE cooperation
The ruling follows an investigation by Virginia Attorney General Jay Jones into the Greene County Sheriff’s Office for coordinating with ICE, which resulted in approximately 50 arrests. The investigation was launched after Spanberger, on her first day in office, issued executive orders ending state cooperation with ICE and terminating existing 287(g) agreements. The orders prohibited state and local law enforcement from assisting federal immigration enforcement efforts.
Political responses reflect opposing views on immigration enforcement
The legal dispute has prompted reactions from state and federal officials. Republican Senate candidate Bert Mizusawa, who is challenging Sen. Mark Warner (D-VA), criticized Spanberger’s actions as an “unconstitutional power grab” that exceeds the authority of the executive branch. Mizusawa also referenced a prior legal challenge to Spanberger’s redistricting referendum, framing the immigration policy as another instance of alleged overreach.
In contrast, Governor Spanberger’s office stated that the legislation “sets a clear framework” for law enforcement cooperation with ICE under judicial orders. The office emphasized that the law allows Virginia officers to investigate crimes and participate in joint state-federal task forces while clarifying the boundaries of state involvement in federal immigration enforcement.
Background: Virginia’s immigration enforcement policy shift
The legal conflict centers on Virginia’s recent policy changes regarding immigration enforcement. The state law at issue prohibits local agencies from entering into new or renewed agreements with ICE unless they include specific provisions. It also restricts state and local resources from being used to facilitate federal civil immigration enforcement actions. The law was designed to limit cooperation between Virginia law enforcement and federal immigration authorities, aligning with Spanberger’s broader immigration policy stance.
The federal injunction now prevents the law from being enforced while the case moves forward. The outcome of the legal challenge could set a precedent for how states regulate cooperation with federal immigration authorities, particularly under Section 287(g) agreements, which allow local law enforcement to assist in immigration enforcement under federal supervision.