Federal judge blocks Virginia law restricting ICE cooperation

A federal judge has issued a preliminary injunction blocking a Virginia law that sought to limit cooperation between state or local law enforcement and Immigration and Customs Enforcement (ICE). Judge Robert E. Payne of the U.S. District Court for the Eastern District of Virginia ruled that the law, signed by Governor Abigail Spanberger, likely violates the intergovernmental immunity doctrine by directly regulating federal law enforcement conduct.

The legislation (SB 783 and HB 1441) aimed to restrict Section 287(g) agreements, which allow ICE to partner with local authorities, and prohibited officers from using resources to facilitate federal civil immigration enforcement. The federal government challenged the measure, arguing it unlawfully interferes with federal authority over immigration.

While Virginia requested a stay to keep the law in effect during an appeal, the judge rejected the request, stating the state failed to demonstrate irreparable harm or a likelihood of success on appeal. This legal development occurs amid an investigation by Virginia Attorney General Jay Jones into the Greene County Sheriff’s Office regarding its coordination with ICE.