On Jan. 17, Virginia Governor Abigail Spanberger (D) signed Executive Order 10, which rescinds former Governor Glenn Youngkin’s Executive Order 47 and removes a directive that had directed Virginia state and local law enforcement to offer personnel and resources toward assisting federal civil-immigration enforcement. The prior order encouraged agreements with U.S. Immigration and Customs Enforcement (ICE), including partnerships that allowed state officers to take on federal duties.
EO-10 clarifies “federal authorities should enforce federal civil immigration laws — law enforcement in the Commonwealth should prioritize public safety, local and state laws, and coordination with federal entities on criminal matters.” The order did not outright ban cooperation with ICE, but it removed the state’s requirement that its law enforcement do so.
Alongside EO-10, the governor later issued Executive Directive 1, which placed Virginia’s existing Section 287(g) agreements with ICE under review, and directed agencies to change their policies to prioritize Virginia authority, rather than federal. A 287(g) agreement is a partnership that allows state or local officers to be deputized by ICE to carry out immigration enforcement. In the directive, Spanberger wrote that the agreements “improperly cede accountability and discretion over Virginia law enforcement to the federal government.” In a later press release, she said “As governor, I think that members of the Virginia State Police or members of the Department of Corrections should be working under, and at the direction and supervision of, leadership within their agencies.”
The change in policy was reinforced on Feb. 4, when Spanberger signed EO-12, titled Public Safety, Constitutional Policing, and Community Trust, which outlines broad principles for law enforcement agencies stressing adherence to constitutional rights, proper conduct, and public-safety. Spanberger framed the changes less as opposition to federal authority, and more as a decision to keep state law enforcement focused on Virginia. In practice, the orders serve to push Virginia away from routine federal partnerships and back towards a model centered on state control and true public safety, as well as agency independence. Rockbridge families and students alike can now rest easier knowing that their local law enforcement agencies are not cooperating with immigration enforcement.
