Virginia Beach's Immigration Policy: The Rules That Matter

Every city handles immigration policy a little differently. In Virginia Beach, Virginia, there are 2 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Sanctuary Policy Preemption

Virginia Beach is not a sanctuary city, and Va. Code Section 15.2-916.2 prohibits any Virginia locality from adopting policies that restrict cooperation between local police and federal immigration enforcement, including ICE detainers and information sharing.

Key details: Sanctuary status: Not a sanctuary city. State preemption: Va. Code 15.2-916.2. ICE detainers: Honored when lawful. 287(g) program: Not enrolled.

A locality adopting a sanctuary policy faces civil suits, withholding of state grant funding, and potential mandamus orders from the Virginia Attorney General compelling cooperation with federal agencies.

Compared to other cities, Virginia Beach takes a harder line on sanctuary policy preemption. The enforcement and penalty structure reflects that.

E-Verify Mandates

Virginia requires state agencies and many public contractors to use the federal E-Verify system under Va. Code Section 40.1-11.5, and Virginia Beach extends this to most city contracts and vendors performing construction or service work for the municipality.

Key details: Statute: Va. Code 40.1-11.5. Threshold: $50,000 contract. Employer size: More than 50 workers. Penalty: Up to one-year debarment.

Noncompliant contractors face debarment from state contracts for up to one year, contract termination, financial penalties, and referral to the Virginia Attorney General for enforcement action.

The Bottom Line

Virginia Beach's immigration policy rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Virginia Beach is broadly strict or permissive.

All of the above reflects Virginia Beach's municipal code as of our last review. If you need specifics on fines, exemptions, or filing requirements, the detailed ordinance pages linked above have the full breakdown.