Court Slaps Down Virginia Democrats' Anti-ICE Law

Judge blocks Spanberger-backed 287(g) restrictions as a likely violation of the Constitution

Virginia Democrats got slapped down by the courts again. They continue to blatantly ignore their oaths of office to uphold the laws of the United States.

Immigration enforcement is a federal obligation authorized by Congress. States do not have the ability to override federal law, yet 'Virginia Democrats have tried to do so many times. The federal government allows local sheriffs, who are elected constitutional officers, to enter into agreements under the 287(g) program that deputizes state and local law enforcement to assist federal immigration authorities with enforcement of federal laws. Virginia Democrats attempted to override these local contracts with federal law enforcement, but courts have now intervened.

The Background

Virginia Democrats pushed, and Gov. Abigail Spanberger (D) signed new legislation opposed to Immigration and Customs Enforcement (ICE) in 2026. Lawsuits have challenged them as unconstitutional. These laws place unconstitutional requirements on federal immigration agents and prohibit local law enforcement agencies from entering into agreements with ICE unless ICE agrees to the state's restrictions.

Some examples of the restrictions in the laws:

  • ICE is prohibited from using surveillance technology to conduct immigration enforcement.
  • ICE must provide local law enforcement agencies with the names and ranks of all federal agents.
  • No agent of ICE may conduct operations on the property of any school, faith-based organization, or courthouse.
  • If there is a shooting by a federal agent, the investigation would be conducted by the Virginia State Police and subject to state prosecution by the Virginia Attorney General.

The Court's Response

In an injunction hearing, the district court slapped down Attorney General Jay Jones (D)' and has enjoined or prohibited the laws from being enforced until the case can go to a full hearing. The court declared the U.S. Government would likely win on the following merits related to what the court referred to as the "Virginia 287(g) law":

  • It violates the Contracts Clause of the U.S. Constitution.
  • Since it regulates the conduct of federal law enforcement in the enforcement of federal immigration laws, it violates the "immunity doctrine" and "therefore offends the Supremacy Clause of the United States Constitution."

The court further referred to the Democrats' new laws as "invalid legislation."

What's Next

The case will go to a full court hearing to determine whether to permanently block the Democrats' anti-ICE legislation and rule it unconstitutional.

Virginians should know which of their elected officials voted for these unconstitutional laws, in violation of their oaths of office.

Any local sheriff under a 287(g) contract with federal law enforcement may continue to fulfill their promised duties to protect citizens and uphold the laws of the land. People illegally crossing the border must be held accountable and prohibited from harming legal immigrants and American citizens.

Restoration News tracks crimes committed by illegal aliens across the nation at IllegalAlienCrimes.com. Take a look at the site to learn what's happening in your back yard.


Victoria Manning is a Senior Investigative Researcher for Restoration News specializing in education freedom, immigration, and military issues. She is the author of Behind the Wall of Government Schools. Victoria served 8 years as an elected school board member and has a master’s degree in law. She also brings the perspective of a military spouse to her reporting.

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