Virginia Governor Abigail Spanberger Ends 287(g) ICE Agreements
Spanberger's directive ends 287(g) agreements for multiple state agencies and demands lists of past arrangements within five days.
Overview
Virginia Gov. Abigail Spanberger issued an executive directive on Wednesday formally terminating all 287(g) cooperation agreements between the Virginia State Police, Virginia Department of Corrections, Department of Wildlife Resources and the Virginia Marine Resources Commission and U.S. Immigration and Customs Enforcement, and ordered agencies to submit lists of past agreements within five days.
Spanberger said the agreements "improperly ceded discretion and authority over Virginia law enforcement to federal authorities," making the directive a continuation of her Jan. 17 rescission of her predecessor's order and reflecting her campaign promise to roll back enhanced ICE cooperation.
The directive allows state law enforcement to continue enforcing state law and to act under valid judicial warrants, while rejecting ICE supervision, a position Spanberger defended in a news release, and Republican critics including former Attorney General Jason Miyares called it a threat to public safety.
The 287(g) program delegates certain immigration enforcement powers to local officers under ICE oversight and had more than 1,000 agreements nationwide, and Spanberger's order affects at least four named state agencies in Virginia.
Spanberger's directive sets a five-day deadline for agencies to list all 287(g) agreements and similar activities and could trigger legal or political pushback from Republicans who criticized her move as endangering public safety.
Analysis
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Sources (3)
FAQ
The 287(g) program, named after Section 287(g) of the Immigration and Nationality Act, allows ICE to enter agreements with state and local law enforcement agencies, deputizing designated officers to perform certain federal immigration enforcement functions under ICE supervision, such as interviewing individuals about immigration status and issuing detainers.
The directive terminates 287(g) agreements with the Virginia State Police, Virginia Department of Corrections, Department of Wildlife Resources, and Virginia Marine Resources Commission.[1]
Spanberger stated that the agreements 'improperly ceded discretion and authority over Virginia law enforcement to federal authorities,' continuing her earlier rescission of her predecessor's order and fulfilling a campaign promise to reduce ICE cooperation.
Critics argue it leads to racial profiling, civil rights violations, family separations, and diverts local law enforcement from public safety to immigration enforcement, while Republican critics of Spanberger's move claim it threatens public safety.
The program has over 1,000 agreements nationwide, with Virginia having 32 total including 4 state agencies and 4 jails prior to terminations.
History
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