Virginia Sanctuary Status and ICE Detainer Cooperation Rules

Virginia Code 19.2-83.7 directs sheriffs and regional jail superintendents to make a reasonable effort to notify U.S. Immigration and Customs Enforcement before releasing an inmate identified as foreign-born and subject to an immigration detainer. Effective July 1, 2020, the General Assembly enacted statewide reforms (including Code 9.1-186) prohibiting state and local agencies from requiring disclosure of citizenship or immigration status to receive public services unless required by federal law. The state has not adopted a general sanctuary statute, but localities cannot use local resources to enforce federal civil immigration law beyond what state law permits, and they must follow the detainer notification rule.

Failure of jail officials to comply with Code 19.2-83.7 notification duties may expose the locality to administrative or civil consequences. Agencies that improperly demand immigration status from service applicants may face injunctive relief and civil penalties under applicable Virginia civil rights enforcement provisions.