On February 4, Democrat Governor Abigail Spanberger marked yet another sharp break from the administration of her predecessor, Gov. Glenn Youngkin (R), by calling for state agencies to stop cooperating with U.S. Immigration and Customs Enforcement (ICE).
Specifically, Spanberger ended the 287(g) agreement that Youngkin has signed, which required state law enforcement agencies to cooperate with ICE.
Also called the “Immigration and Nationality Act,” such agreements allow ICE to deputize state officials to perform the duties of federal immigration agents.
At present, 39 other states have such agreements with ICE, although a number of Democrat-led ones are in the process of rescinding theirs.
The agency mainly affected by the new order is the Virginia State Police.
Spanberger’s Wednesday order does not affect local police agencies that have their own 287(g) agreements with the federal government. In our area, which includes the Counties of Franklin, Bedford, Craig, Campbell, and Pittsylvania.
ICE, operating under the Department of Homeland Security, is the chief law enforcement arm that supervises US borders as well as apprehends people in the country illegally.
Because people here illegally, by definition, are not officially recorded, there is no precise figure as to their numbers. However, many estimates are in the 10-14 million range. By comparison, Virginia has approximately 8.8 million residents.
Speaking at a press conference Wednesday, Spanberger declared, “On day one, I said that is no longer mandated and after a review of what equities and what 287(g)-specific relationships exist and are in place, I have put forth Executive Directive One that directs all state agencies to end any 287(g) agreements that exist between those agencies and ICE.”
Spanberger defended her actions by claiming that Virginia “does not engage in fear-based policing, enforcement theater, or actions that create barriers to people seeking assistance in their time of need.”
“Taking Virginia law enforcement state agency personnel and basically giving them over to ICE is something that ends today.”
She noted that state and local authorities are to continue to cooperate with federal police when judicial warrants are presented.
“Sadly, the bad tactics, the bad training, the bad vetting that we have seen or witnessed or perceived in places like Minnesota, that is degrading trust in law enforcement,” Spanberger added.
Her official statement claims “Virginia law enforcement exists to preserve life, protect people who are vulnerable,” so it is unclear why the governor and her party continue their enthusiastic support for abortion.
You can read Gov. Spanberger’s February 4 Executive Directive here on page 1 and page 2.
Republicans were quick to criticize the move.
The Fairfax GOP on their Twitter/X page posted the following:
“BREAKING: SPANBERGER MAKES VIRGINIA A SANCTUARY STATE
“Gov. Abigail Spanberger (D) just OFFICIALLY ended all cooperation between Virginia State Police and ICE.
“WHAT THIS MEANS:
#Virginia State Police CANNOT help ICE identify criminal illegal immigrants
#Department of Corrections CANNOT notify ICE about illegal immigrants in jail
#Criminal illegal immigrants will be RELEASED back into Virginia communities
“THE NUMBERS:
-Since Youngkin created these agreements, 6,200+ detained
-70% had no criminal record (showing effective screening)
-Virginia had 32 total 287(g) agreements (5 state agencies + local)
“WHAT REPUBLICANS ARE SAYING:
→ House Leader Terry Kilgore (R): “RECKLESS—allows criminals to commit crimes over and over”
→ Former AG Jason Miyares (R): “Virginians WILL be robbed, raped and murdered”
→ Rep. John McGuire (R-5th): “Pits state and federal law enforcement against each other”
“SHE PROMISED THIS: During campaign, Spanberger told UVA: “I oppose any mandates that require localities to do the work of ICE officials” She was HONEST about making Virginia a sanctuary state. And Democrats voted for it anyway.
“NOW: Virginia becomes Minnesota 2.0
“Criminal illegal immigrants will be released back into YOUR community.
“YOUR family is less safe.
“ALL because Spanberger chose illegal immigrants over Virginians.
“SHARE to warn your neighbors what Spanberger just did!”
The subject of ICE and its enforcement methods and goals has come under increasing scrutiny and criticism in recent weeks, especially after the deaths of two protestors in Minnesota, one of whom allegedly tried to run over an ICE officer.
On the ice.gov website, a Frequently Asked Question is “Why does ICE arrest people, and do they need a warrant?”
The ICE response is below:
“ICE officers and agents are on the streets every day, prioritizing public safety by locating, arresting and removing criminal aliens and immigration violators from our neighborhoods.
“ICE does not [emphasis theirs] need judicial warrants to make arrests. Like all other law enforcement officers, ICE officers and agents can initiate consensual encounters and speak with people, briefly detain aliens when they have reasonable suspicion that the aliens are illegally present in the United States, and arrest people they believe are illegal aliens. ICE officers and agents can also detain and search people crossing the border.
“All aliens who violate U.S. immigration law are subject to arrest and detention, regardless of their criminal histories [emphasis theirs]. Those with final orders of removal are removed from the United States.”
The issue of illegal immigration was a key issue in the 2024 presidential election, in which President Trump won the popular vote and the Electoral College, and the controversy continues to rage.
— Scott Dreyer
