‘That is not what happened’: Experts push back on DHS claims about Virginia’s ICE agreements

RICHMOND, Va. (WRIC) — Lawmakers and experts are responding after the U.S. Department of Homeland Security (DHS) made an incorrect claim about Gov. Abigail Spanberger (D) and the state's agreements with U.S. Immigration and Customs Enforcement (ICE).

On Tuesday, Feb. 24, DHS claimed Spanberger terminated all 287(g) agreements -- or agreements that allow law enforcement to assist ICE in immigration enforcement -- in Virginia, both at the state level and at the local level.

"That is not what happened," said Kaylin Cecchini, vice president of the Richmond Community Legal Fund.

Cecchini explained that Spanberger rescinded an executive order issued by former governor Glenn Youngkin (R), which directed state agencies to enter into 287(g) agreements.

In doing so, she ordered Virginia State Police (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.

However, to extend that mandate beyond state agencies would be outside of Spanberger's executive authority, according to Cecchini.

MORE: DHS incorrectly claims Spanberger banned all Virginia law enforcement from working with ICE

"As the governor, working at the state level, the only law that she has jurisdiction over is state law," Cecchini said.

This means Virginia's local law enforcement agencies -- including cities, towns and counties -- can still choose whether or not to participate in 287(g) agreements. In Central Virginia, the sheriff's offices of Hopewell, Buckingham County and Richmond County still maintain active agreements.

However, while Spanberger has no power over local-level 287(g) agreements, the General Assembly does.

"The General Assembly is working to create a bill to try to force localities to be unable to enter into these 287(g) agreements with ICE," Cecchini said.

House Bill 1441, sponsored by Del. Alfonso Lopez (D-Arlington), passed the House of Delegates and is currently moving through the Senate. The bill does not outright ban localities from signing onto 287(g) agreements, but it sets standards that would make participation more difficult.

"We’re trying, most importantly, to make sure that our local and state police are doing the work of public safety -- not having to sort of do this unfunded mandate of federal immigration enforcement," Lopez said.