A rally against deportations by the U.S. Immigrations and Customs Enforcement agency in 2019 in Richmond. (Photo by VCU Capital News Service)
A Democratic-controlled Senate panel on Monday swiftly blocked multiple Republican-backed measures aimed at tightening immigration enforcement in Virginia, dealing a blow to GOP efforts just one day before the General Assembly’s legislative midpoint.
The Senate Courts of Justice Committee voted to kill three proposals that would have expanded immigration status checks in the juvenile justice system, mandated the transfer of certain incarcerated individuals to federal authorities, and required immigration inquiries for public assistance applicants.
By a 9-6 party-line vote, the committee rejected SB 1268, sponsored by Sen. Tara Durant, R-Fredericksburg.
The bill sought to require immigration status checks for juveniles and adults in secure facilities after being adjudicated delinquent or convicted of violent felonies. It aimed to expand current law, which mandates such checks in adult correctional facilities, by requiring the Virginia Department of Juvenile Justice (DJJ) to report individuals without legal status to U.S. Immigration and Customs Enforcement (ICE).
Durant argued the bill was necessary to close gaps in the system, saying some individuals over 18 convicted of violent juvenile felonies could be released without ICE intervention. “It is likely that adults who are over the age of 18 at the time of release who have committed violent juvenile felonies and who may be in the U.S. illegally are being released,” she said.
DJJ’s James Towey supported the bill, asserting it mirrored adult provisions and applied only to those over 18 who had committed violent crimes.
Opponents contended the legislation was unnecessary and harmful. Sophia Gregg of the American Civil Liberties Union (ACLU) of Virginia called it a “perversion” of the juvenile justice system, arguing that “there is no reason that we should treat children the same way we treat adults.”
She warned that questioning juveniles about their immigration status without a guardian could violate due process.
Faith leaders, including Sheila Herlihy of the Virginia Interfaith Center, also opposed the bill, saying it increased the interrogation of immigrants and conflicted with values of welcoming communities.
The debate grew contentious as Sen. Bill Stanley, R-Franklin, pointed to gang recruitment of juveniles, claiming gangs exploit lenient juvenile laws. “These aren’t normal kids,” Stanley said. Gregg countered that crime rates among juveniles and noncitizens are lower than those among U.S. citizens.
Sen. Richard Stuart, R-King George, dismissed opposition arguments as “mental gymnastics,” insisting the bill was straightforward in ensuring ICE was notified when violent offenders were in the country illegally.
Democrats, holding the committee majority, were unconvinced.
Sen. Jennifer Carroll Foy, D-Prince William, called the legislation “unnecessary, duplicative, and a messaging bill,” arguing that it unfairly vilified immigrant communities.
“At the end of the day, the studies and statistics show that immigrants who do commit crimes commit them at a lower rate than the people who are actually here lawfully,” Carroll Foy said.
The panel also voted 9-6 to reject SB 772, sponsored by Sen. Glen Sturtevant, R-Chesterfield, which would have required immigration status checks for all individuals applying for public assistance benefits through the Department of Social Services.
Sturtevant argued that the bill was about standardization and efficiency, ensuring a uniform approach to verifying eligibility for benefits across all programs.
“Right now, for the vast majority of federally funded benefits programs, this question already has to be asked of recipients, but there is not a standard approach among all programs,” he said, adding that the bill would help local social services offices more quickly determine eligibility.
Democrats countered that the measure would place undue burdens on applicants, with Sen. Russet Perry, D-Loudoun, arguing that it would shift the responsibility onto individuals to provide proof of legal status, creating a barrier to receiving benefits. “So we put the onus on them. They have to bring the evidence, they have to provide the proof,” Perry said.
Sen. Barbara Favola, D-Arlington, raised concerns that the bill would apply to locally funded programs, requiring localities to inquire about immigration status even when using their own resources.
But Social Services Commissioner James Williams explained that while the bill would not determine eligibility, it would impose a uniform requirement for collecting immigration information across all programs. “It doesn’t determine eligibility, it doesn’t require that we use that for eligibility,” he said.
Republicans pushed back, with Stuart, arguing that preventing immigrants without legal status from accessing public benefits should be a bipartisan issue.
“I don’t see why there’s anything wrong with making sure that we’re not giving public benefits to those folks that may be here unlawfully,” Stuart said. “I would hope that this is something we can all agree on.”
The panel further rejected SB 1141, another proposal by Sturtevant, which would have required state and local correctional officials to notify and transfer certain incarcerated individuals to ICE upon their release. Currently, such transfers are optional, but the bill would have made them mandatory, requiring local and state officials to transfer custody of non-citizens with ICE detainers within five days of their scheduled release.
Democrats contended the measure would place an undue burden on local governments and law enforcement agencies.
Perry, the senator from Loudoun, noted that localities already face significant responsibilities and should not be required to enforce federal immigration laws. “Localities have a lot of work as it is with emergency commitment orders, all these other things that they have to deal with. I’m not sure that we need to also take on the responsibilities of the federal government as well,” she said.
Carroll Foy echoed concerns that the bill would undermine trust between immigrant communities and law enforcement, calling it an attempt to “deputize local law enforcement officers to act as ICE agents.”
She warned it could discourage immigrants from reporting crimes or seeking essential services out of fear of deportation.
The committee rejected Sturtevant’s proposal by an 8-7 vote.
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