Virginia's Immigration Enforcement Policy Under Governor Spanberger

Following the recent transition of Virginia's state government to full Democratic control, Governor Abigail Spanberger has initiated significant changes in the state's immigration enforcement policies. On January 17, 2026, Spanberger rescinded former Governor Glenn Youngkin’s Executive Order 47, which had mandated state law enforcement agencies to enter into 287(g) agreements with U.S. Immigration and Customs Enforcement (ICE). These agreements allowed local law enforcement to assist in federal immigration enforcement, effectively deputizing them to identify and detain noncitizens.

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Spanberger's executive order aims to delineate the roles of state law enforcement and federal immigration enforcement, emphasizing that resources should prioritize community safety rather than immigration enforcement. She stated, “My executive order... was an important first step in ensuring that we are not moving or reallocating state and local resources away from the first-responder duties.”

In newly Democratic Virginia, immigration enforcement becomes early test for Spanberger • Virginia Mercury

Despite the repeal of Executive Order 47, existing 287(g) agreements remain intact unless terminated by the involved parties. An analysis by the Legal Aid Justice Center revealed that numerous local agencies across Virginia still maintain contracts with ICE, which could undermine Spanberger's efforts to protect immigrant communities. Critics, including civil rights groups, argue that these agreements foster distrust between immigrant communities and law enforcement, discouraging individuals from reporting crimes or seeking assistance.

In newly Democratic Virginia, immigration enforcement becomes early test for Spanberger • Virginia Mercury

Rohmah Javed, legal director of the Immigrant Justice Program at the Legal Aid Justice Center, noted, “These agreements erode trust, making it much less likely immigrants will seek out needed services.” The American Civil Liberties Union of Virginia echoed this sentiment, highlighting that the blurring of lines between state and federal enforcement can lead to community fear and confusion.

In newly Democratic Virginia, immigration enforcement becomes early test for Spanberger • Virginia Mercury

Spanberger's decision has drawn sharp criticism from Republican leaders, who argue that the repeal of the executive order could jeopardize public safety. Former Governor Youngkin described the repeal as “a huge mistake,” asserting that cooperation with ICE is essential for combating violent crime. House Minority Leader Terry Kilgore warned that ending mandated cooperation with ICE could lead to increased crime rates, stating, “Folks need to be able to walk their street at night without fear.”

In newly Democratic Virginia, immigration enforcement becomes early test for Spanberger • Virginia Mercury

The debate over immigration enforcement in Virginia reflects a larger national conversation about the role of local law enforcement in federal immigration policy. As seen in other states, such as Minnesota, aggressive immigration enforcement has led to widespread protests and community unrest. In Virginia, immigrant advocacy groups have mobilized against ICE operations, emphasizing the need for transparency and accountability in immigration enforcement.

In newly Democratic Virginia, immigration enforcement becomes early test for Spanberger • Virginia Mercury

Local leaders, including Richmond Mayor Danny Avula, have expressed their commitment to community safety without ICE involvement, stating, “I reject any approach that creates fear, confusion, or division.” As Virginia navigates these complex issues, the implications of Spanberger's policies will likely resonate throughout the state and beyond, influencing the ongoing national discourse on immigration enforcement.

In newly Democratic Virginia, immigration enforcement becomes early test for Spanberger • Virginia Mercury

• “My executive order, repealing Executive Order 47, was an important first step in ensuring that we are not moving or reallocating state and local resources away from the first-responder duties, whether it is investigating crimes or being ready to support a community in need,” — Abigail Spanberger, Governor of Virginia

In newly Democratic Virginia, immigration enforcement becomes early test for Spanberger • Virginia Mercury

• “These agreements erode trust, making it much less likely immigrants will seek out needed services, report crimes witnessed or crimes they have experienced as victims, or participate in their communities,” — Rohmah Javed, Legal Director, LAJC

In newly Democratic Virginia, immigration enforcement becomes early test for Spanberger • Virginia Mercury

• “Folks need to be able to walk their street at night without fear of being either shot or kidnapped or raped.” — Terry Kilgore, House Minority Leader, Virginia

In newly Democratic Virginia, immigration enforcement becomes early test for Spanberger • Virginia Mercury

While Spanberger's order aims to reduce state involvement in federal immigration enforcement, existing 287(g) agreements remain a point of contention. Critics argue that these agreements continue to undermine community trust, while supporters claim they are necessary for public safety. The lack of clarity regarding the termination of these agreements poses a challenge to Spanberger's policy objectives.

In newly Democratic Virginia, immigration enforcement becomes early test for Spanberger • Virginia Mercury