What is 287(g)?

The 287(g) program is a federal partnership established under the Immigration and Nationality Act that delegates specific immigration enforcement powers to local and state law enforcement officers. 

By signing a Memorandum of Agreement (MOA) with U.S. Immigration and Customs Enforcement (ICE), local agencies train and authorize their officers to act as federal immigration agents. 

Read more here: https://www.ice.gov/identify-and-arrest/287g

How is 287g Operating in Virginia?

1. State-Level Agreements Have Been Terminated

Upon taking office in early 2026, Governor Abigail Spanberger completely dismantled state-level cooperation with ICE.

2. Passage of the Virginia Community Safety & Trust Act

In April 2026, Governor Spanberger signed HB 1441 / SB 783 (the Virginia Community Safety & Trust Act) into law. Effective July 1, 2026, this legislation severely limits local participation

It explicitly bans Virginia police and sheriffs' deputies from using state or local time and resources to assist with federal civil immigration enforcement without a judicial warrant.

It places strict limits on remaining local 287(g) agreements and jail detention contracts.

It limits state and local agency resources from being used to facilitate ICE actions in "sensitive locations" like public schools, courthouses, and places of worship from immigration actions.

Read more here: https://wearecasa.org/a-major-win-for-immigrant-families-virginia-community-safety-trust-act-signed-into-law/

3. Local Holdouts and Legal Challenges

As of July 2026, state agencies no longer participate in 287(g). While a strict state law banning local local police-ICE collusion has technically gone into effect, a federal court battle is underway to determine whether Virginia actually has the legal power to stop local sheriffs from partnering with ICE. 

During the 2026 session, Virginia enacted HB 1441/SB 783 to restrict local law enforcement from entering into 287(g) or similar agreements with ICE, alongside HB 1482/SB 352 requiring ICE agents to clearly identify themselves without face masks.    A Federal District Judge ruled in favor of the Department of Justice that Virginia can not enforce its newly passed law (HB 1482/SB 352) which “prohibits any law-enforcement officer, defined in the bill, from wearing a facial covering“.   The block will remain in place until the court’s final ruling.  (Courthouse News, 6/26/26)

What's Next?

Although the Governor vetoed HB 650/SB 351—which prohibited warrantless ICE civil arrests in sensitive locations—the administration subsequently issued Executive Order 16 to provide administrative directives.

For the upcoming 2027 Virginia General Assembly session, strategic advocacy must focus on introducing a brand-new bill modeled after the vetoed HB 650 to permanently codify these critical sensitive-location protections into state law.