Virginia’s New Executive Order: A Shift in Immigration Policies?

Typewriter typing "Executive Order" on paper.

Virginia Governor Glenn Youngkin has signed Executive Order 47 empowering state law enforcement to work directly with ICE, marking a significant shift in the state’s approach to illegal immigration enforcement.

Quick Takes

Governor Youngkin’s executive order establishes formal 287(g) partnerships allowing Virginia State Police and Department of Corrections to assist federal immigration enforcement
The order creates two new programs: a VSP Task Force with federally deputized officers and a Jail Enforcement Model with trained corrections officers
946 inmates in Virginia corrections facilities currently have open immigration detainers
Youngkin declared “Virginia is not a sanctuary state” while critics warn of potential racial profiling and diminished community trust
The initiative aligns with President Trump’s expanded immigration enforcement priorities

State Police Gain New Immigration Enforcement Powers

Under Executive Order 47, the Virginia State Police (VSP) will enter into a 287(g) Task Force Model agreement with Immigration and Customs Enforcement (ICE), creating a specialized unit of federally deputized state troopers empowered to identify and apprehend undocumented immigrants accused of crimes. The order, which took effect immediately upon signing, instructs Virginia’s law enforcement agencies to fully cooperate with federal immigration authorities and provides a framework for the state to participate directly in immigration enforcement activities previously handled exclusively by federal agents.

The 287(g) program, named after the section of the Immigration and Nationality Act that authorizes it, enables state and local officers to perform immigration enforcement functions after completing specialized training. Youngkin’s directive creates two distinct enforcement models: a Task Force approach for state police and a Jail Enforcement program for corrections officers. Both programs aim to identify, process, and prepare deportation cases against undocumented immigrants who have committed crimes in Virginia.

BREAKING: "Virginia’s Republican Governor Glenn Youngkin has directed the state’s police, sheriffs, and jails to cooperate with President Donald Trump’s Immigration and Customs Enforcement (ICE) agency."

"The state’s jails hold almost 1,000 deportable migrants, and “nine out of… pic.twitter.com/sVeOglxWv7

— Steve Guest (@SteveGuest) February 27, 2025

Corrections Department to Train Special Immigration Officers

The executive order also directs the Virginia Department of Corrections (VADOC) to establish a Section 287(g) Jail Enforcement Model program. Under this initiative, corrections officers will receive specialized training to serve as Designated Immigration Officers, allowing them to process undocumented immigrants in custody for potential deportation. The order requires VADOC to fully cooperate with ICE detainer requests and facilitate the transfer of eligible inmates to federal custody upon completion of their state sentences. “Formal Section 287(g) partnerships between VSP and VADOC will not only reinforce Virginia’s commitment to justice and the rule of law but also enhance our ability to pre-empt the reentry of dangerous offenders into our communities and facilitate their removal from the Commonwealth of Virginia and the United States of America,” Youngkin said in the order.

According to data cited in Youngkin’s order, 946 inmates currently held in Virginia corrections facilities have open immigration detainers. The directive specifically targets individuals with criminal convictions rather than civil immigration violations, focusing on what the governor described as “dangerous criminal illegal immigrants.” The Secretary of Public Safety and Homeland Security has been instructed to ensure all local and regional jails throughout Virginia fully cooperate with ICE operations.

Governor Cites Public Safety Concerns

Governor Youngkin framed the executive order as a public safety measure necessary to protect Virginians from violent offenders who are in the country illegally. The directive comes as immigration enforcement has become an increasingly contentious political issue, with Youngkin previously proposing “no sanctuary cities” language in the state budget and threatening to cut funding to localities refusing to comply with ICE detainer requests stating that “As Governor, protecting our citizens is my foremost responsibility and today we are taking action that will make Virginia safer by removing dangerous criminal illegal immigrants from our Commonwealth. This order will allow Virginia State Police and the Department of Corrections to partner with President Trump’s administration on federal immigration enforcement. Dangerous criminal illegal immigrants should not be let back into our communities to assault, rape, and murder. They should be sent back where they came from.”

Lieutenant Governor Winsome Earle-Sears also expressed support for the initiative, stating: “We’ve seen too many tragic stories after dangerous criminals in this country illegally were put back on the streets, and this Executive Order will make sure we send them back to where they came from.” Critics, however, have raised concerns about potential negative consequences, including racial profiling, diminished trust between immigrant communities and law enforcement, and possible economic impacts.

Criticism and Concerns

Immigration attorneys and advocacy groups have voiced opposition to Youngkin’s order, warning it could lead to unintended consequences. Attorney Alexander Miller pointed to Prince William County’s previous implementation of a similar program, claiming “It cost the taxpayer an estimated $23 million over five years.” Critics also argue the approach may discourage crime reporting within immigrant communities and potentially harm Virginia’s economy if businesses and workers relocate to other states.

Youngkin’s administration has emphasized specific cases where undocumented immigrants have been charged with serious violent offenses. Virginia joins other states like Georgia in formalizing cooperation with ICE on immigration enforcement matters under the 287(g) program, which has been expanded under President Trump’s immigration policies.