By Monday's midnight deadline, Virginia Gov. Abigail Spanberger proposed amendments to a slate of immigration bills known as the "Community Trust Agenda," reshaping a package aimed at expanding protections for immigrant communities across the commonwealth.
The legislation, backed by Democratic lawmakers and immigrant advocacy groups, focused on restricting local participation in 287(g) agreements with US Immigration and Customs Enforcement, expanding protections in certain locations and prohibiting law enforcement officials from wearing masks to hide their identities.
Spanberger, a former US intelligence officer, made it clear that Virginia will continue to cooperate with federal law enforcement as long as she is in office, but said her amendments to the passed bills will help set the terms of the state's ongoing collaboration.
"Keeping Virginians safe has always been a two-way street, and when we work with our federal law enforcement partners, we will do it the right way," she said.
A central piece of legislation, HB1441 (and its Senate counterpart), only saw one minor change from Spanberger — a win for its backers.
Under the measure, localities will have tighter limits on entering or maintaining existing 287(g) agreements — partnerships that allow local or state officers to take on certain roles in federal immigration enforcement actions. By doing so, advocates argue there will be a clearer line between local policing and federal immigration enforcement.
Del. Alfonso Lopez (D–Arlington), HB1441's patron, told VPM News that Spanberger's change merely clarifies existing language already within the bill, making it clear that the Department of Corrections, jails and sheriff's departments are allowed to honor federal immigration detainers.
"I think we are in a very good place, and I appreciate the governor's strong support," Lopez told VPM News before the deadline Monday night.
Spanberger took a different approach when addressing the rest of the "Community Trust Agenda."
The governor heavily amended legislation by offering substitutes for bills protecting against federal immigration enforcement at certain locations — including courthouses and polling places — and barring all law enforcement agents, including ICE, from wearing face coverings meant to mask their identities.
State Sen. Saddam Azlan Salim (D–Fairfax) said he is deeply concerned about Spanberger's amendments, which he said leave the bills "toothless."
"Virginia should not be complicit in federal overreach, family separation, or the targeting of people simply because of who they are or where they come from," Salim said. "Public safety does not mean handing over our neighbors to a system without accountability or compassion."
Spanberger justified her amendment to face coverings, saying it "further[s] the enrolled legislation's intent to limit officers from covering their faces while performing official duties, with exceptions for health and safety needs."
Instead, Salim said, Spanberger's amendment removes state guidance on face coverings and instead directs Virginia's Department of Criminal Justice Services to work with individual agencies to create their own policies, leaving enforcement to local discretion.
Del. Katrina Callsen (D–Charlottesville), patron of HB650 (the bill prohibiting ICE activity at courthouses and polling places), said Spanberger's amendment to prohibit federal immigration enforcement in certain locations is "significant and damaging."
The amendment strips language that would allow the state attorney general to pursue a case against ICE if federal agents violate the law and conduct enforcement actions in protected spaces.
"It is a right without a remedy. There's no way for it to be enforced," Callsen said. "There's no way to go after anyone or make sure that ICE is following the law, and so therefore it really is unacceptable as an amendment, or really to substitute."
Callen said she will be asking Spanberger to vote on the bill as is or veto it, as she has reviewed the substitute amendment and believes it doesn't protect people. She is hopeful the governor will reconsider and sign it into law.
Spanberger did, however, make concrete decisions that create stability for non-US citizens and Virginia students.
An approved bill now expands access to driver privilege cards for non-citizens by extending the renewal period from two years to eight years. Lopez, who sponsored the bill, has said this change will save the state thousands of dollars and create more stability for those who rely on these cards to get to work, take children to school, or access essential services.
Spanberger also signed SB491, which protects Virginia students from discrimination based on their actual or perceived immigration status. The bill also prevents schools from sharing a student's immigration or citizenship status — or their parents' or guardians' status — with the US Department of Homeland Security without a judicial warrant.
The General Assembly will reconvene on April 22 to discuss Spanberger's amendments and either accept or reject them. If they reject the amendments, Spanberger must decide whether to sign the original bill or veto it.
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