DHS incorrectly claims Spanberger banned all Virginia law enforcement from working with ICE
RICHMOND, Va. (WRIC) -- Gov. Abigail Spanberger (D) did not ban all of Virginia's law enforcement agencies from working with U.S. Immigration and Customs Enforcement (ICE), despite the U.S. Department of Homeland Security (DHS) claiming otherwise.
On Friday, Feb. 24, the DHS issued a press release claiming that "Sanctuary Governor Spanberger" has "terminated all 287(g) agreements in the state of Virginia, making her state less safe as a direct result."
Section 287(g) agreements allow law enforcement agencies to assist ICE in immigration enforcement.
"When politicians bar local law enforcement from working with DHS, our law enforcement officers must have a more visible presence to find and apprehend criminals released from jails and into communities," the DHS said in its release.
This is incorrect. While Spanberger has ordered state-level agencies like Virginia State Police (VSP) to terminate their existing 287(g) agreements with ICE, she has not taken aim at any local or municipal law enforcement agencies' 287(g) agreements.
So what did Spanberger actually do?
Spanberger issued two executive actions relating to Virginia law enforcement and ICE: Executive Order 12 and Executive Directive 1.
Executive Order 12: Strengthening policing by strengthening public trust
The first of the two, titled "Public Safety, Constitutional Policing and Community Trust," provided the following list of principles for state law enforcement agencies to follow:
- Law enforcement exists to preserve human life, protect the vulnerable and uphold both the U.S. Constitution and the Constitution of Virginia
- Public trust is necessary for effective policing and it should be fostered through professionalism, transparency, accountability and consistent engagement
- Law enforcement should not engage in fear-based policing, enforcement theater or actions that create barriers for people who need help
- Law enforcement should focus on upholding the rule of law, investigating and stopping criminal behavior and protecting public safety, not the administrative enforcement of civil status
- Investments in training, recruitment and retention of top-tier public safety professionals ensure law enforcement agencies are supported by the clear standards and sound training necessary to serve safely and effectively with public trust
- Collaborative partnerships across local, state, federal and tribal law enforcement, as well as residents, educators, faith and civic leaders, businesses and local governments are essential to safe communities, a strong economy and positive educational outcomes
It directed state law enforcement agencies to consider strategies and approaches to strengthen community partnerships, as well as to review their policies, training and practices to ensure they are in alignment with these principles.
MORE: Richmond immigration attorney debunks misinformation on ICE, speaks on activity in Virginia
It also directed Virginia's Secretary of Public Safety and Homeland Security to support interagency coordination, as well as the sharing of best practices consistent with these principles.
"Nothing in this Executive Order shall be construed to limit lawful authority, officer discretion, or existing intergovernmental agreements, provided actions remain consistent with constitutional requirements," the order reads.
Executive Directive 1: Ending state-level agreements with ICE
In her Executive Directive 1, Spanberger rescinded the Executive Order 47 filed by her predecessor, former governor Glenn Youngkin (R), which allowed state agencies to sign 287(g) agreements with ICE.
RELATED: Virginia state troopers aided in nearly 200 ICE apprehensions under Youngkin directive
She therefore ordered that VSP, the Virginia Department of Corrections (VDAOC), the Virginia Department of Wildlife Resources (DWR) and the Virginia Marine Resources Commission end their existing 287(g) agreements.
Though Spanberger does say in the directive that she believes "Virginians deserve to have their state and local law enforcement resources devoted to the safety and security of their communities, not federal civil immigration enforcement," she does not order any local or municipal agencies to end their 287(g) agreements.
"Virginia law enforcement remains focused on enforcing the law, and Virginia law enforcement will continue to exercise available authority – including in cooperation with local, state, federal and tribal partners – under a valid judicial warrant," the directive reads. "I have full confidence that Virginia law enforcement is keeping Virginia safer when exercising their authority under Virginia law."
8News independently confirmed that multiple Central Virginia local law enforcement agencies -- including the sheriff's offices in the city of Hopewell, Buckingham County and Richmond County -- still have active 287(g) agreements in the wake of Spanberger's executive actions.
DHS further claims immigrants pose threat to Virginia -- data doesn't back that up
In addition to this incorrect claim about Virginia's 287(g) agreements, the DHS also claims that Spanberger is one of many "sanctuary politicians" that has "tried to slow ICE down and chosen to release criminals from their jails into our communities to perpetuate more crimes and create more victims."
"While Governor Spanberger continues to release pedophiles, rapists, gang members and murderers onto Virginia’s streets, ICE law enforcement will continue to risk their lives to arrest these heinous criminals," the DHS said.
The most recent data shows that ICE enforcement activity in Virginia is actually at a record high. Both ICE arrests and ICE detention center populations across Virginia have repeatedly broken records since President Donald Trump’s inauguration in January 2025.
Additionally, as of Jan. 22, the overwhelming majority of ICE detainees in Central Virginia are not convicted criminals, per ICE’s own data. This has been a consistent trend over the past year.
8News recently dug deep into Central Virginia ICE detainee data between Trump's inauguration and Oct. 2025. Of the about 8,448 total bookings made during that period, nearly 70% of those individuals had no criminal record. Only about 1% of those with any prior convictions were listed as an aggravated felon — or a person convicted of a serious, but not always violent, crime.
The data also included details on the most serious crime a detainee has ever been convicted of. The most common conviction listed in this category for a Central Virginia detainee was driving under the influence of alcohol, with 550 bookings. The second-most common was simple assault, with 208 bookings.
Homicide was listed as the most serious conviction for less than two dozen detainees, while a sex crime was listed for less than 150 detainees.
Over 110 detainees’ most serious offense was a traffic violation.
For more on immigration enforcement in Central Virginia, click here.
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