A federal judge has temporarily blocked a key provision of Virginia's new law that restricted cooperation between local law enforcement and Immigration and Customs Enforcement (ICE), dealing a significant setback to Gov. Abigail Spanberger's administration. U.S. District Judge Robert Payne ruled Monday that the law likely violates the Contracts Clause of the U.S. Constitution by substantially impairing existing agreements between the federal government and Virginia localities.
Payne also found that the Virginia law improperly attempts to regulate the conduct of federal law enforcement in enforcing federal immigration laws. The ruling came as the federal government is challenging the law in court. The judge did not strike down the law entirely but paused its implementation as the lawsuit proceeds.
Republicans in Virginia had opposed the law, with some arguing that it would hinder federal immigration enforcement and lead to legal challenges. Virginia House Minority Leader Terry Kilgore stated that Republicans had warned the Spanberger administration about potential legal issues and increased taxpayer costs.
Representative Ben Cline, R-Va., has introduced federal legislation, the 287(g) Cooperation Act, which would require state and local law enforcement to enter into agreements with ICE as a condition for receiving federal Community-Oriented Policing grants. Additionally, Virginia's Republican congressional delegation had previously urged the governor not to alter prior directives facilitating cooperation with ICE.
Meanwhile, a similar legal battle is unfolding in Maryland. Gov. Wes Moore allowed a bill to become law that restricts cooperation between local sheriffs and ICE. This has led to a lawsuit filed by 17 of Maryland's 24 sheriffs, who argue the law will impede law enforcement efforts. The Maryland law, known as the Community Trust Act, requires a court order for providing immigration-related information and transferring inmates based on immigration status.
Governor Hochul of New York has also implemented a ban on 287(g) agreements between local law enforcement and ICE, prompting warnings from the Department of Homeland Security about potential increases in visible federal operations. Faced with legal challenges from county sheriffs, Hochul has remained defiant.