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Bill > HB1438
VA HB1438
VA HB1438State agencies, etc.; agreements with federal authority for immigration enforcement, prohibitions.
summary
Introduced
01/22/2026
01/22/2026
In Committee
01/22/2026
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)
Elizabeth Guzmán (D)*,
Elizabeth Bennett-Parker (D),
Nadarius Clark (D),
Rae Cousins (D),
Dan Helmer (D),
J.R. Henson (D),
Patrick Hope (D),
Marcia Price (D),
Charlie Schmidt (D),
Irene Shin (D),
Kathy Tran (D),
Last Action
Incorporated by Public Safety (HB1441-Lopez) (Voice Vote) (on 02/06/2026)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://lis.virginia.gov/bill-details/20261/HB1438 |
| BillText | https://lis.virginia.gov/bill-details/20261/HB1438/text/HB1438 |
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