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A federal judge has temporarily blocked a crucial section of Virginia’s new law that restricts local cooperation with federal immigration authorities, signaling a major legal setback for Governor Abigail Spanberger’s administration. The ruling, issued by Senior U.S. District Court Judge Robert Payne, allows existing partnerships between Virginia localities and U.S. Immigration and Customs Enforcement (ICE) to continue while the legal fight proceeds.
The law, signed by Governor Spanberger in April and effective since July 1, would have required local sheriffs to change or end their 287(g) agreements—contracts that let trained local officers perform certain immigration enforcement duties—by a Tuesday (September 1) deadline.
Judge Payne found that the federal government is likely to win its lawsuit against Virginia by arguing the law violates the U.S. Constitution’s Contracts Clause, as it “substantially impairs” existing contracts between ICE and localities. He also concluded that the law improperly tries to regulate federal law enforcement operations, an area under federal authority.
While Judge Payne did not strike down the law entirely, his order prevents Virginia from enforcing the new restrictions on existing agreements until the case is resolved. However, the law still blocks localities that have never joined the 287(g) program from entering new agreements. The injunction will remain in place as the federal lawsuit continues in Richmond. Attorney General Jay Jones announced plans to appeal, stating that the ruling misinterprets contract law and the state’s authority over local governments.
The law was passed as part of Senate Bill 783 and House Bill 1441, both aiming to limit how state and local agencies assist with federal immigration enforcement. Exceptions exist for certain situations, like when mandated by a judicial warrant or in cases involving the transfer of adult inmates with immigration detainers. Supporters of the law, including the Legal Aid Justice Center, argue that restricting cooperation with ICE protects community trust and local resources. However, critics, like Virginia House Minority Leader Terry Kilgore, say the law oversteps state authority and creates legal and financial problems.
The ruling comes as neighboring Maryland faces a similar legal battle over its own law limiting cooperation with ICE. At the same time, federal immigration authorities have increased enforcement in both states, with the Department of Homeland Security reporting over 1,300 arrests in Virginia and Maryland during a two-week operation in August, according to News From The States.
The court’s decision is not final, and Judge Payne said he will provide a more detailed explanation soon. The injunction will stay in place while both sides prepare for further hearings.