The Virginia Senate passed a bill Tuesday that would set new parameters for agreements between federal immigration enforcement and local law enforcement agencies.

During a back and forth on the Senate floor, Republicans pushed back on the bill as “extreme,” while Democrats argued that the bill’s primary purpose is to require ICE to abide by the Constitution and state laws.

“Virginia law enforcement should not be drafted into doing federal immigration agents’ work in ways that make our communities less safe,” said state Sen. Saddam Salim, the patron of the bill.

The bill does not require any local or federal agencies to shift resources or prevent them from cooperating. Instead, it outlines the conditions that both federal immigration authorities and local agencies must agree to in order to enter into a contract in Virginia. No agreement can take effect unless both parties agree to the terms set by the legislation.

Republicans argued that it was a new iteration of “defund the police.”

“At its core, (SB 783) points the defund movement at federal law enforcement and drags our Virginia officers with it,” said state Sen. Glen Sturtevant, a Republican from Colonial Heights.

“It’s historic legislation,” said Chris Kaiser, senior policy director at the American Civil Liberties Union of Virginia. “Trust in law enforcement has been utterly destroyed over the past year. We’ve seen many examples of ICE flouting constitutional rights.”

One of the main provisions in the bill would prevent local officers from assisting ICE with identifying or arresting people for civil immigration enforcement purposes, unless presented with a valid judicial warrant.

It would also require any existing and future contracts between localities and federal immigration agencies to follow certain terms. The bill does not require localities to end their agreements with ICE, but rather establishes a framework under which both sides may choose to collaborate.

The contracts affected include 287(g) agreements, which deputize local officers to act as immigration agents, and intergovernmental service agreements, which are typically held by local jails that serve as temporary holding facilities for federal immigration enforcement.

The required terms range from requiring ICE to share the names and ranks of any federal agents working with localities to preventing ICE from displaying the word “Police” on their uniforms, vehicles or equipment.

The bill would also prohibit immigration enforcement activity from being conducted at a school, courthouse, faith-based organization or polling place during voting hours. It would prevent ICE from using surveillance technology, such as license plate readers or facial recognition software, for immigration enforcement purposes.

Additionally, the bill would curb federal agents’ ability to make general requests or demand information that is not related to a specific investigation into a particular person. The the bill further states that ICE may not request the immigration or citizenship status of anyone without a valid judicial warrant.

On Friday, an amendment was added to the bill about the practices of ICE agents, requiring them to abide by Virginia law on use of force, excessive force, neck restraints and kinetic impact munitions such as rubber bullets. Any shooting by ICE in the state would be investigated by the state police.

In a direct rebuke to a May 12 memo that claims that ICE has authority to enter homes without a warrant, the proposed legislation would prevent ICE agents working with local law enforcement from entering a home without a valid judicial warrant.

The bill, if it becomes law, would void any agreements by September that don’t abide by its terms.

While the bill would set out new requirements for contracts with ICE, it does not directly terminate them, as Gov. Abigail Spanberger’s first executive directive did for state agencies. Some advocates say, however, that the Department of Homeland Security is unlikely to agree to the terms set forward in the bill.

However, federal agencies are not governed by the state and would be able to continue operating independently in the commonwealth if they choose not to enter into agreements with localities.

In Hampton Roads, some localities have agreements with ICE, including intergovernmental service agreements and memorandums of understanding. According to documents reviewed by The Virginian-Pilot, the Virginia Beach Correctional Center and Chesapeake Correctional Center have recently had agreements to provide temporary detention services for ICE. The Chesapeake Sheriff’s Office signed a memorandum of understanding with ICE on Jan. 29 to designate certain officers “to perform the duties of a Customs Officer.” The Virginia Beach Police Department signed a similar agreement in 2021.

The current version of the bill would affect the intergovernmental service agreements governing the use of the jails, but it is still unclear whether the bill will cover memorandums of understanding, which are being used in Virginia Beach and Chesapeake. Those agreements cite a different section of the United States Code than the one listed in the language of the Senate bill.

“We’re incredibly grateful that we are one step closer to hopefully making this a reality,” said Monica Sarmiento, director of the Virginia Coalition for Immigrant Rights. “This legislation is for the protection not only of the immigrant community, but also of law enforcement. This legislation specifically makes sure that ICE is responsible for meeting their bare minimum constitutional laws that we have continuously seen violated throughout the country before law enforcement enters into any sort of agreement.”

Discussions are ongoing to finalize the language of both the Senate bill and its similar House version. The next step in the legislative process will be to merge the two.

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