Lawmakers reject Gov. Spanberger’s attempt to gut legislation that would protect Virginia’s courthouses from ICE’s warrantless arrests

RICHMOND, Va. — Today the General Assembly rejected Gov. Spanberger's amendments to HB 650 and SB 351, legislation that Virginia lawmakers had passed to protect access to Virginia’s courthouses by requiring Immigration and Customs Enforcement (ICE) to present a judicial warrant before entering a courthouse to make a civil immigration arrest.

“Lawmakers were right to hold the line against the governor’s attempt to re-write this legislation and keep protections in place to ensure Virginians can participate in the judicial system without fear of immigration enforcement,” said ACLU of Virginia Policy Director Chris Kaiser. “When ICE can lawlessly stalk Virginians through the halls of our courts, the rule of law itself is under attack. We can’t let our courthouses serve as places where people are hunted instead of heard.”

This legislation was passed to help ensure Virginians can access the courts and participate in legal proceedings without fear that appearing in court could lead to detention, deportation, or family separation. But the governor’s rewrite would have gutted those protections and left Virginia’s courthouses vulnerable to the continued chaos caused by the Trump administration’s lawless anti-immigrant dragnet.

“By rejecting the complete rewrite of this legislation, lawmakers upheld the original intent of these bills by preserving the critical protections communities across the Commonwealth fought for from the start of this session," said Virginia Director of CASA Luis Aguilar. “We call on Governor Spanberger to sign these bills into law to ensure the fundamental rights of all Virginians to safely access courthouses.”

The version of this legislation passed by the General Assembly would reaffirm the Commonwealth’s authority over of its judicial system by establishing that civil arrests without a judicial warrant may not occur inside a courthouse or while a person is traveling to or from a court proceeding. The legislation also laid out procedures for identifying and authenticating that warrant in the courthouse. But the governor’s recommendation would have made those protections unenforceable in practice.

“Courthouse arrests by ICE have caused fear and anxiety across Virginia and has disrupted the judicial system in the Commonwealth,” said Legal Aid Justice Center Immigrant Justice Program Senior Director Rohmah Javed. “Ensuring that this legislation works is a crucial step to protecting all Virginians.”

In a 2025 national survey conducted by the Alliance for Immigrant Survivors, 50 percent of advocates reported that immigrant survivors of domestic violence declined to seek legal protection from their abusers. An earlier study conducted by the ACLU found that 82 percent of prosecutors reported cases involving domestic violence had become more difficult to pursue due to survivors fearing greater risk of encountering ICE.

“For many survivors of domestic and sexual violence, turning to courts for protection can be one of the hardest decisions they will ever make,” said Virginia Sexual and Domestic Violence Action Alliance Executive Director Kristi VanAudenhove. “That process should not be made even more dangerous by the threat of detention, deportation, or family separation at the hands of ICE agents. When survivors are afraid to enter a courthouse to seek protection, their safety slips out of reach, and their abusers are handed more power.”

Now, the legislation is with the governor, who has thirty days to veto or sign the bills. If no action is taken within thirty days, the bills will automatically become law without the amendments that lawmakers rejected.

“At a time when immigrant communities across the Commonwealth are facing growing fear and instability, no one should have to fear that entering a courthouse could expose them or their family to detention, deportation, or family separation,” Virginia Coalition for Immigrants Rights Executive Director Monica Sarmiento. “When that fear takes hold, families are left more vulnerable and trust in public institutions erodes. We urge Governor Spanberger to sign these bills as passed and ensure courthouses are safe and accessible to all Virginians.”