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Bill > HB1438


VA HB1438

VA HB1438
State agencies, etc.; agreements with federal authority for immigration enforcement, prohibitions.


summary

Introduced
01/22/2026
In Committee
01/22/2026
Crossed Over
Passed
Dead

Introduced Session

2026 Regular Regular Session

Bill Summary

Agencies of the Commonwealth; law-enforcement agencies; employees and officers; agreements with federal authority for immigration enforcement; prohibitions and limitations. Prohibits a state agency or a law-enforcement agency, defined in the bill, from entering into a written agreement authorizing any employee or law-enforcement officer to perform a function of a federal immigration officer. The bill provides that federal immigration laws shall be enforced by a state or local law-enforcement agency of the Commonwealth pursuant to a valid judicial warrant, federal or statutory regulations, or as otherwise required by state law. The bill also prohibits an employee of a state agency or a law-enforcement officer, defined in the bill, from conducting certain actions or inquiries regarding a person's citizenship or immigration status while engaged in the performance of his duties and creates a cause of action for appropriate equitable, injunctive, or declaratory relief against such employee or law-enforcement officer who willfully conducts such actions or inquiries in violation of the provisions of the bill. Finally, the bill requires any state agency or law-enforcement agency that has an existing written agreement with a federal authority to perform federal immigration functions to terminate such written agreement by September 1, 2026.

AI Summary

This bill prohibits state and local law-enforcement agencies in Virginia from entering into agreements that allow their employees or officers to perform the duties of federal immigration officers, and it restricts these officers from enforcing federal immigration laws unless specifically required by state or federal law, or pursuant to a valid judicial warrant (a formal order from a judge or magistrate, not an administrative one or a detainer) or other federal regulations. The bill also prevents law-enforcement officers from inquiring about a person's citizenship or immigration status during routine interactions like stops, searches, or arrests, or from detaining individuals based on immigration status beyond their scheduled release from correctional facilities, though exceptions exist for criminal investigations or when necessary for state or federal law, or international treaties. Furthermore, any existing agreements for state or local agencies to enforce federal immigration laws must be terminated by September 1, 2026, and individuals harmed by willful violations of these provisions can seek legal remedies.

Committee Categories

Justice, Military Affairs and Security

Sponsors (11)

Last Action

Incorporated by Public Safety (HB1441-Lopez) (Voice Vote) (on 02/06/2026)

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