Virginia Enforces Cooperation with ICE, Bolstering Immigration Enforcement
Virginia has joined a growing number of states, predominantly led by Republican administrations, in mandating that its law enforcement agencies collaborate with federal authorities to facilitate the deportation of undocumented immigrants. Governor Glenn Youngkin signed Executive Order 47 on Tuesday, directing state law enforcement and correctional facilities to establish formal agreements with Immigration and Customs Enforcement (ICE). These agreements pledge full cooperation in identifying and deporting individuals residing in the state without legal authorization.
Youngkin justified the executive order by referencing the Immigration and Nationality Act of 1965, a federal law that permits state and local law enforcement officials to enter into agreements that effectively deputize them to carry out certain actions in support of federal immigration enforcement efforts. He framed the initiative as a necessary measure to protect communities from dangerous criminals who are in the country illegally.
"Dangerous criminal illegal immigrants should not be let back into our communities to assault, rape, and murder," Youngkin stated in an announcement accompanying the mandate. "They should be sent back where they came from."
While Virginia is the latest state to mandate law enforcement cooperation with ICE, the specifics of these requirements vary across states. Some states, such as Tennessee, have focused their cooperation efforts on targeting undocumented immigrants with criminal records. However, Virginia’s approach, as outlined in Youngkin’s executive order, directs law enforcement to assist in apprehending and deporting any undocumented immigrant residing illegally in the state.
Under the order, the Virginia State Police will enter into a "287(g) Task Force Model Memorandum of Understanding" with ICE. This agreement will establish a "State Police Task Force" specifically tasked with identifying and apprehending "criminal illegal immigrants" who pose a threat to public safety. The 287(g) program, named after a section of the Immigration and Nationality Act, allows ICE to delegate immigration enforcement authority to state and local law enforcement agencies. Participating officers receive specialized training from ICE and are authorized to perform certain immigration enforcement functions under ICE supervision.
The agreement grants these federally deputized officers special authority to perform immigration enforcement functions under ICE’s supervision that they typically would not otherwise engage in. This includes the authority to question individuals about their immigration status, detain individuals suspected of being in the country illegally, and initiate deportation proceedings.
In addition to mandating compliance from state law enforcement officials, Youngkin’s executive order instructs Terrance Cole, the state’s secretary of public safety and homeland security, to request "certification" from local and regional jail authorities confirming their full cooperation with ICE and the newly deputized state task force. This certification will ensure that Virginia Department of Corrections facilities can be utilized for immigration-related matters, such as processing and detention of individuals awaiting deportation. Cole is further tasked with contacting every director, sheriff, or other official in charge of a local or regional jail in Virginia to secure their commitment to cooperate fully with ICE and the Virginia State Police task force.
Lieutenant Governor Winsome Earle-Sears, currently vying for the governorship as Youngkin’s term comes to an end, voiced strong support for the executive order. She highlighted her personal experience as a legal immigrant and naturalized citizen, emphasizing the importance of working together to enhance public safety.
"I am a legal immigrant and now a naturalized citizen. Working together, the Governor, Attorney General, and I have made Virginia safer. We supported more funding for law enforcement and tackled violent crimes in our cities. Now, working with President Trump, we can take on the scourge of dangerous and violent illegal immigrants," Earle-Sears stated.
She further argued that the executive order would prevent the release of dangerous criminals who are in the country illegally back into communities. "We’ve seen too many tragic stories after dangerous criminals in this country illegally were put back on the streets, and this executive order will make sure we send them back to where they came from," Earle-Sears concluded.
The implementation of Executive Order 47 represents a significant shift in Virginia’s approach to immigration enforcement. It signals a more active role for state law enforcement in identifying, apprehending, and processing individuals for deportation. The move is likely to generate both support and opposition, with proponents arguing that it will enhance public safety and opponents expressing concerns about potential civil rights violations and the erosion of trust between law enforcement and immigrant communities.
The potential impact of the executive order on Virginia’s diverse communities remains to be seen. Critics have raised concerns about the potential for racial profiling and the disproportionate targeting of minority groups. They also argue that the policy could discourage immigrants from reporting crimes or cooperating with law enforcement, undermining public safety. Conversely, supporters maintain that the executive order will prioritize the removal of dangerous criminals and contribute to a safer environment for all Virginians.
The debate surrounding immigration enforcement remains highly polarized, and Virginia’s decision to strengthen cooperation with ICE is certain to fuel further discussion and scrutiny. The implementation of Executive Order 47 will be closely monitored by advocacy groups, legal organizations, and policymakers on both sides of the issue.
