A new law regulating how Virginia’s local law enforcement agencies participate in immigration enforcement alongside ICE has been temporarily blocked by a federal judge. On Monday, Aug. 31, a federal judge granted an injunction temporarily blocking a law involved in one such lawsuit.
What changed
Companion bills SB 783 and HB 1441 placed constraints on Section 287(g) agreements within the state. These agreements allow law enforcement agencies to assist ICE in immigration enforcement, allowing law enforcement to actively participate in immigration enforcement.
Under the new law, Virginia’s local and state agencies cannot maintain, renew or enter into any federal immigration agreement unless it meets certain conditions. Law enforcement is also barred from assisting in immigration operations unless presented with a valid judicial warrant, subpoena or detainer.
This injunction will keep the law from being enforced as the legal process plays out. In a four-page decision handed down Monday, a federal judge said the DOJ’s legal challenge of this law was likely to succeed because said law appears to violate the U.S. Constitution in multiple ways.
Why it matters
Immigration practitioners and local government attorneys in Virginia must now operate under uncertainty. The injunction means the 287(g) restrictions do not apply during pending litigation, so local law enforcement may continue existing 287(g) agreements and enter new ones without the state-law constraints that SB 783/HB 1441 would have imposed.
If the federal government prevails on the merits—which the judge indicated was likely—the law will remain blocked and possibly struck down entirely. This creates a window where clients, advocacy organizations, and local jurisdictions cannot rely on the statutory protections the bills would have provided. Immigration practitioners should monitor the underlying litigation closely and advise clients accordingly about the risk profile of ICE encounters in Virginia jurisdictions with active 287(g) programs.
Way forward
- Monitor the federal litigation on the DOJ’s constitutional challenge to SB 783/HB 1441 in federal court; track filings at https://www.justice.gov/ and the U.S. District Court for the Eastern District of Virginia.
- Audit your jurisdiction’s 287(g) status: If you represent a local government or law enforcement agency in Virginia, confirm whether your agency has an active 287(g) agreement with ICE and whether the injunction affects renewal or new-agreement timelines.
- Brief clients on ICE cooperation risk in Virginia: Until the law is either upheld or finally struck down, advise immigrant clients that local law enforcement in Virginia may assist ICE in immigration enforcement activities within the parameters of active 287(g) agreements.
- Track state legislative response: Virginia Democrats control both chambers; watch for amended or new bills that might narrower or re-frame the restrictions in light of the court’s ruling.
Disclaimer
This article is for informational purposes only and is not legal advice. Fola Editorial is a software company, not a law firm. Immigration law is complex and changes frequently; policy can shift without notice. Do not rely on this summary to make legal decisions. Consult a licensed immigration attorney or accredited representative in your jurisdiction and verify all information against the primary court decision and https://www.wric.com/news/virginia-news/federal-judge-injunction-287g-agreements/ before advising clients or taking action.