Bill > HB1459

This bill, known as the Ice-Free Communities Act, requires sheriffs or administrators of local and regional correctional facilities, as well as the Director of the Department of Corrections, to notify federal immigration authorities, specifically U.S. Immigration and Customs Enforcement (ICE) or its successor, about the upcoming release of individuals in their custody who have an "immigration detainer." An immigration detainer is a request from federal immigration authorities to hold an individual for potential deportation. For local facilities, this notification must be in writing and provided at least 48 hours before the person's release, excluding weekends and federal holidays, though it must be given as soon as practicable if 48 hours' notice isn't possible. For the Department of Corrections, the notice must be given at least 60 days before release, or as soon as practicable if 60 days' notice isn't possible. The notification must include the person's full name and aliases, the anticipated release date and time, the charges or conviction, and their last known address if available. Importantly, this bill does not require facilities to hold individuals beyond their legally mandated release date, nor does it create new legal claims against the Commonwealth or its employees, and it preserves existing cooperation with federal immigration authorities, while also protecting officials acting in good faith from civil liability. This act is set to become effective on July 1, 2026.

Justice, Military Affairs and Security

https://lis.virginia.gov/bill-details/20261/HB1459