Governor Abigail Spanberger issued an executive order directing how state agencies should handle federal civil immigration enforcement. In response to “increased and aggressive” ICE activity in Virginia, Spanberger has issued Executive Order 16, which aims to limit federal agents’ activities on state property, including schools, hospitals, courthouses, and polling places.
What changed
Executive branch departments will need to confirm that federal immigration officers have a valid warrant authorizing them to enter, access, or use areas of property owned by the Commonwealth. Executive branch departments cannot allow federal immigration officers access to nonpublic areas owned by the Commonwealth for staging purposes, processing location, or operations base.
It requires the Department of Criminal Justice Services to develop guidelines on how courthouse and courtroom security engage with federal civil immigration officers who are trying to make an arrest inside the courthouse or courtroom. It requires the Department of Criminal Justice Services to develop guidelines for Commonwealth’s attorneys engage with federal civil immigration officers who are trying to make an arrest in Commonwealth’s attorneys offices.
It directs the Virginia Department of Health to develop guidelines for hospitals on how to engage with immigration officers who are trying to make an arrest. It directs the Secretary of Administration to coordinate the development of a website outlining the guidelines set in the executive order, including how to report alleged violations of Virginia law by federal civil immigration agents.
Why it matters
This executive order provides a shield for clients and applicants in vulnerable settings. If you represent someone who fears ICE enforcement, this order means that courthouses, hospitals, schools, and polling locations now have structured protocols requiring federal agents to present valid judicial warrants before operating on state property.
The warrant requirement is not trivial: immigration administrative warrants (issued by immigration judges) are distinct from criminal warrants. The order’s requirement for a “valid warrant” creates ambiguity that will favor caution and resistance to warrantless access. This affects your clients’ ability to appear safely for legal proceedings, seek medical care, vote, and attend school.
The website reporting mechanism also creates a paper trail if agents violate these guidelines—evidence that may be valuable in future litigation or administrative appeals.
Way forward
- Client advice: Inform immigrant clients that Virginia courthouses, hospitals, public schools, and polling locations now have safeguards. However, this does not provide absolute immunity from ICE enforcement; it only limits federal agents’ use of state property for staging or operations.
- Know the guidelines: Once Virginia publishes the detailed guidance (via the new website), obtain copies and share them with healthcare and school staff you work with. Court security and prosecutors need to understand the warrant requirement.
- Document violations: If a client or family member witnesses ICE agents accessing nonpublic areas of state facilities without proper warrant documentation, use Virginia’s new reporting mechanism and preserve records for potential civil rights claims.
- Verify warrant basis: When clients face ICE contact at a courthouse or state facility, ask whether agents presented a judicial warrant (not just an administrative warrant). This may support a challenge to the encounter.
Disclaimer
This article is provided for informational purposes and is not legal advice. The information is accurate as of the publication date shown above, but immigration policy can change without notice. You must verify all claims against the primary source document and consult a licensed immigration attorney about how Virginia’s executive order applies to your specific situation. This is software-based educational content, not legal counsel.