Immigration

Law-enforcement agencies; agreements with federal authority for immigration enforcement; requirements. Prohibits any state or local law-enforcement agency, defined in the bill, from maintaining, renewing, or entering into any federal immigration agreement unless such agreement contains certain provisions. The bill also prohibits any person acting in his capacity as a law-enforcement officer to assist, cooperate with, or use any law-enforcement resources to facilitate any operation that seeks to identify, arrest, or otherwise impose a penalty upon an individual for any violation of federal civil immigration law. The bill provides that such prohibition shall not apply (i) if the authority to enforce such laws is otherwise permitted or required by law; (ii) if the person acting in his capacity as a law-enforcement officer is presented with a valid judicial warrant or judicial subpoena that authorizes such enforcement; or (iii) to the transfer of custody of an adult convicted of certain violent felonies from a state, local, or regional correctional facility upon such correctional facility's receipt of a federal immigration detainer. This bill incorporates HB 1438 and is identical to SB 783.

Public schools; right to free public elementary and secondary education; discrimination based on immigration status prohibited; civil cause of action. Prohibits any child in the Commonwealth from being denied a free public education through secondary school on the basis of the actual or perceived immigration or citizenship status of the child or the child's parents, in accordance with the Constitution of Virginia and consistent with the requirements of the Fourteenth Amendment to the United States Constitution. The bill also, among other things, prohibits any school board, public elementary or secondary school, school resource officer employed by a local law-enforcement agency in any public elementary or secondary school, or any individual who is an employee, contractor, or agent of a school board from engaging in certain enumerated actions and practices that involve or result in the denial of a free public education, or denial of the benefits or exclusion from participation in any program or activity thereof, of a child on the basis of the actual or perceived immigration or citizenship status of the child or the child's parents. The bill establishes a civil cause of action for violations of the foregoing prohibitions. The bill requires the Department of Education, in collaboration with the Office of the Attorney General, to develop and make available to each school board by August 1, 2026, guidance and resources on developing policies and procedures to implement the requirements set forth in the bill and requires each school board to develop and implement by December 31, 2026, such policies and procedures and to require each public elementary and secondary school principal and administrator in the school division to complete training on compliance with the provisions of the bill as soon as is practicable but not later than the beginning of the 2027–2028 school year, consistent with the guidance and resources developed and made available by the Department of Education. This bill incorporates HB 912 and is identical to SB 491.

Law-enforcement agencies; agreements with federal authority for immigration enforcement; requirements. Prohibits any state or local law-enforcement agency, defined in the bill, from maintaining, renewing, or entering into any federal immigration agreement unless such agreement contains certain provisions. The bill also prohibits any person acting in his capacity as a law-enforcement officer to assist, cooperate with, or use any law-enforcement resources to facilitate any operation that seeks to identify, arrest, or otherwise impose a penalty upon an individual for any violation of federal civil immigration law. The bill provides that such prohibition shall not apply (i) if the authority to enforce such laws is otherwise permitted or required by law; (ii) if the person acting in his capacity as a law-enforcement officer is presented with a valid judicial warrant or judicial subpoena that authorizes such enforcement; or (iii) to the transfer of custody of an adult convicted of certain violent felonies from a state, local, or regional correctional facility upon such correctional facility's receipt of a federal immigration detainer. This bill is identical to HB 1441.

Public elementary and secondary schools and public institutions of higher education; certain federal immigration investigation and enforcement activities; certain notifications and prohibitions. Requires, no later than July 1, 2027, and subject to certain enumerated conditions and requirements, (i) the written school crisis, emergency management, and medical emergency response plan for each public elementary or secondary school to include (a) a requirement that whenever the division superintendent confirms that an individual is present on the property of a public elementary or secondary school in the school division to investigate compliance with, enforce, or assist in the investigation for compliance with or enforcement of any federal civil immigration law or any federal criminal immigration law that penalizes an individual's presence in, entry or reentry into, or employment in the United States, each school board employee at such school and the parents of each student enrolled in such school shall be notified of such presence and (b) a prohibition against any individual present on the property of a public elementary or secondary school in the school division to investigate compliance with, enforce, or assist in the investigation for compliance with or enforcement of any federal civil immigration law or any federal criminal immigration law that penalizes an individual's presence in, entry or reentry into, or employment in the United States from accessing any nonpublic area of such school property without a warrant signed by a judge or magistrate and (ii) each public institution of higher education to (a) notify all students, faculty, and staff whenever the institution confirms that an individual is present on campus to investigate compliance with, enforce, or assist in the investigation for compliance with or enforcement of any federal civil immigration law or any federal criminal immigration law that penalizes an individual's presence in, entry or reentry into, or employment in the United States and (b) prohibit any individual present on campus to investigate compliance with, enforce, or assist in the investigation for compliance with or enforcement of any federal civil immigration law or any federal criminal immigration law that penalizes an individual's presence in, entry or reentry into, or employment in the United States from accessing any nonpublic area of campus without a warrant signed by a judge or magistrate.

Elections; polling places; prohibited activities; acts in furtherance of federal immigration laws. Prohibits any person from performing any act for the purpose or in furtherance of enforcement of federal immigration laws within 40 feet of any building, or part thereof, used as (i) a polling place, (ii) a meeting place for the local electoral board while the electoral board meets to ascertain the results of an election, or (iii) the place for a recount.

Agencies of the Commonwealth; law-enforcement agencies; employees and officers; agreements with federal authority for immigration enforcement; prohibitions and limitations. Prohibits a state agency or a law-enforcement agency, defined in the bill, from entering into a written agreement authorizing any employee or law-enforcement officer to perform a function of a federal immigration officer. The bill provides that federal immigration laws shall be enforced by a state or local law-enforcement agency of the Commonwealth pursuant to a valid judicial warrant, federal or statutory regulations, or as otherwise required by state law. The bill also prohibits an employee of a state agency or a law-enforcement officer, defined in the bill, from conducting certain actions or inquiries regarding a person's citizenship or immigration status while engaged in the performance of his duties and creates a cause of action for appropriate equitable, injunctive, or declaratory relief against such employee or law-enforcement officer who willfully conducts such actions or inquiries in violation of the provisions of the bill. Finally, the bill requires any state agency or law-enforcement agency that has an existing written agreement with a federal authority to perform federal immigration functions to terminate such written agreement by September 1, 2026.

Public schools; right to free public elementary and secondary education; discrimination based on immigration status prohibited; requirements; civil cause of action. Prohibits any child in the Commonwealth from being denied a free public education through secondary school on the basis of the actual or perceived immigration or citizenship status of the child or the child's parents, in accordance with the Constitution of Virginia and consistent with the requirements of the Fourteenth Amendment to the United States Constitution. The bill prohibits any school board or public elementary or secondary school from engaging in certain enumerated actions and practices that involve or result in the denial of a free public education, or denial of the benefits or exclusion from participation in any program or activity thereof, of a child on the basis of the actual or perceived immigration or citizenship status of the child or the child's parents. The bill also requires each public elementary and secondary school to develop and implement procedures for reviewing and authorizing requests from law enforcement agents to enter a public school or public school facility. The bill establishes a civil cause of action for any party aggrieved by conduct that violates the provisions of the bill, in accordance with the provisions of the bill. Finally, the bill directs (i) the Department of Education to develop and make available to each school board by August 1, 2026, guidance for school personnel on the requirements of the bill and training guidelines and materials for the training of all public school principals and administrators on compliance with the provisions of the bill, and (ii) each school board to (a) develop and implement by August 1, 2026, policies and procedures in accordance with the provisions of the bill and (b) require each public school principal and administrator to complete training on compliance with the provisions of the bill by the beginning of the 2026–2027 school year. This bill was incorporated into HB 836.

Driver privilege cards and permits; discontinued. Discontinues the issuance of driver privilege cards and provides that any issued driver privilege card is invalid as of July 1, 2026. The bill requires the Department of Motor Vehicles to notify any person who has been issued a driver privilege card that such driver privilege card is invalid.

Protected areas; certain federal immigration enforcement prohibited; penalty. Prohibits any employee or agent acting on behalf of a protected area from knowingly permitting any person to enter a nonpublic area of such protected area for the purpose of federal immigration enforcement. The bill defines protected area as any place or facility that is owned or operated by the Commonwealth or any political subdivision thereof and is (i) a hospital or other facility providing health care services; (ii) a school, including a preschool, primary school, or secondary school, vocational or trade school, or public institution of higher education; (iii) an office of an attorney for the Commonwealth; or (iv) any other place or facility designated by the Attorney General. The bill creates a Class 1 misdemeanor for any violation of such provision, subject to certain exceptions. The bill also makes the performance of certain acts for the purpose of identifying, arresting, or otherwise imposing a penalty upon a person for federal immigration enforcement punishable by a Class 1 misdemeanor.

Migrant labor camp permits; expiration. Removes the annual December 31 expiration date for all issued migrant labor camp permits and provides that such permits expire 12 months from the date of issuance.