VirginiaHB14412026 Regular SessionHouse

Law-enforcement agencies; agreements with federal authority for immigration enforcement.

Sponsored By: Alfonso H. Lopez (Democratic)

Signed by Governor

Summary

Law-enforcement agencies; agreements with federal authority for immigration enforcement; requirements. Prohibits any state or local law-enforcement agency, defined in the bill, from maintaining, renewing, or entering into any federal immigration agreement unless such agreement contains certain provisions. The bill also prohibits any person acting in his capacity as a law-enforcement officer to assist, cooperate with, or use any law-enforcement resources to facilitate any operation that seeks to identify, arrest, or otherwise impose a penalty upon an individual for any violation of federal civil immigration law. The bill provides that such prohibition shall not apply (i) if the authority to enforce such laws is otherwise permitted or required by law; (ii) if the person acting in his capacity as a law-enforcement officer is presented with a valid judicial warrant or judicial subpoena that authorizes such enforcement; or (iii) to the transfer of custody of an adult convicted of certain violent felonies from a state, local, or regional correctional facility upon such correctional facility's receipt of a federal immigration detainer. This bill incorporates HB 1438 and is identical to SB 783.

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 2 benefits, 0 costs, 0 mixed.

New safeguards for Virginia immigration enforcement agreements

Virginia state and local law-enforcement agencies can enter, renew, or keep federal immigration agreements only with the required safeguards. Covered agreements authorize officers to perform federal immigration duties or allow civil immigration detention in facilities also holding criminal detainees. Covered agencies include police, sheriffs, jails, state police, corrections, and juvenile justice agencies. ICE must provide participating agents' names and ranks in writing at least seven days before enforcement activity. Agents must follow Virginia law and be clearly identified as ICE agents. Their uniforms, vehicles, and equipment cannot display the word “police.” Agreements must bar immigration enforcement on school, faith-based organization, and courthouse property. Agents cannot enter homes for immigration enforcement without a valid judicial warrant. A 500-yard polling-place ban covers voting, ballot counting, and the hour before opening and after closing. Agreements must bar broad information requests unrelated to investigating a specific person. Requests to localities for immigration or citizenship information require a valid judicial warrant or subpoena. Agreements must ban surveillance tools for immigration enforcement or monitoring Virginia residents. These include facial recognition, fingerprint scanning, license plate readers, phone surveillance, digital hacking tools, and drones or aerial surveillance. The exception allows investigating, detaining, or arresting people unlawfully present who have convictions listed in sections 17.1-805, 19.2-297.1, or 53.1-40.02. ICE and its agents must accept Virginia court authority over covered violations and follow Virginia's Chapter 7.1 arrest and detention procedures. On-duty agent shootings must be investigated by Virginia State Police, with prosecution locally or as otherwise provided by state law. Agreements in effect on July 1, 2026, must be updated in writing by September 1, 2026. Agreements that miss that deadline or otherwise violate the law are void and cannot be enforced. The Attorney General, local prosecutors, and county or city attorneys can seek court orders enforcing these rules. The winning side is entitled to reasonable attorney fees and court costs.

Virginia officers face immigration enforcement limits

Virginia officers generally cannot help identify, arrest, or penalize people for federal civil immigration violations without a judicial warrant or subpoena. This limit also covers using law-enforcement resources. Existing exceptions remain under Virginia Code sections 19.2-81.6, 19.2-83.2, 53.1-218, 53.1-220.1, and 53.1-220.2. Officers can still investigate state or federal crimes, including through joint task forces. The law also preserves lawful transfers of adults to immigration custody by the corrections director, sheriffs, or jail superintendents after receiving an ICE detainer.

Sponsors & Cosponsors

Sponsor

  • Alfonso H. Lopez

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 418 • No: 304

Senate vote • 4/22/2026

Senate concurred in Governor's recommendation

Yes: 21 • No: 18

House vote • 4/22/2026

House concurred in Governor's recommendation

Yes: 64 • No: 36

Senate vote • 3/14/2026

Conference report agreed to by Senate

Yes: 21 • No: 18

House vote • 3/14/2026

Conference report agreed to by House

Yes: 62 • No: 34

Senate vote • 3/6/2026

Senate insisted on amendments Block Vote

Yes: 40 • No: 0

House vote • 3/4/2026

Senate substitute rejected by House

Yes: 0 • No: 95

Senate vote • 3/2/2026

Courts of Justice Substitute agreed to

Yes: 0 • No: 0

Senate vote • 3/2/2026

Passed Senate with substitute

Yes: 21 • No: 19

Senate vote • 2/27/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 37 • No: 0

Senate vote • 2/27/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote • 2/25/2026

Reported from Courts of Justice with substitute

Yes: 9 • No: 6

House vote • 2/12/2026

Passed House

Yes: 63 • No: 35

House vote • 2/12/2026

Read third time and passed House

Yes: 61 • No: 35

House vote • 2/6/2026

Reported from Public Safety with substitute

Yes: 15 • No: 7

House vote • 2/6/2026

Subcommittee recommends reporting with substitute

Yes: 4 • No: 1

Actions Timeline

  1. Senate concurred in Governor's recommendation (21-Y 18-N 0-A)

    4/22/2026Senate
  2. House concurred in Governor's recommendation (64-Y 36-N 0-A)

    4/22/2026House
  3. Acts of Assembly Chapter text (CHAP1098)

    4/22/2026Governor
  4. Reenrolled bill text (HB1441ER2)

    4/22/2026House
  5. Reenrolled

    4/22/2026House
  6. Approved by Governor-Chapter 1098 (effective 7/1/2026)

    4/22/2026Governor
  7. Signed by President

    4/22/2026Senate
  8. Signed by Speaker

    4/22/2026House
  9. Governor's recommendation adopted

    4/22/2026Governor
  10. Governor's recommendation received by House

    4/11/2026Governor
  11. Fiscal Impact Statement from Department of Planning and Budget (HB1441)

    4/1/2026House
  12. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/31/2026Governor
  13. Enrolled Bill communicated to Governor on March 31, 2026

    3/31/2026House
  14. Signed by Speaker

    3/31/2026House
  15. Bill text as passed House and Senate (HB1441ER)

    3/30/2026House
  16. Enrolled

    3/30/2026House
  17. Signed by President

    3/30/2026Senate
  18. Fiscal Impact Statement from Department of Planning and Budget (HB1441)

    3/23/2026House
  19. Conference report agreed to by Senate (21-Y 18-N 0-A)

    3/14/2026Senate
  20. Conference report agreed to by House (62-Y 34-N 0-A)

    3/14/2026House
  21. Conference Report released

    3/14/2026
  22. Conference Report released

    3/14/2026
  23. House Conferees: Lopez, Simon, O'Quinn

    3/10/2026House
  24. Conferees appointed by House

    3/10/2026House
  25. Conferees appointed by Senate

    3/10/2026Senate

Bill Text

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