Judge temporarily blocks part of Virginia's new immigration enforcement law

Emma Rose Brown, The Virginian-Pilot on Sep 1, 2026

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NORFOLK, Va. — A judge issued a preliminary injunction temporarily blocking part of Virginia’s new 287(g) law as the lawsuit continues.

The law, which took effect July 1, placed new restrictions on localities’ agreements with federal immigration authorities. Under the law, new and existing 287(g) agreements — contracts that deputize local law enforcement to do immigration enforcement — would be required to abide by the new restrictions.

On Monday, federal Judge Robert Payne blocked Virginia from enforcing the law with respect to existing contracts. It allows the state to continue enforcing the restrictions on agencies that have never entered into a 287(g) agreement with federal agencies and are doing so for the first time.

While the lawsuit continues, the judge decided, Virgnia can’t enforce changes to existing contracts, as he said the federal government is likely to succeed in its legal challenge to that portion of the law.

The Legal Aid Justice Center noted courts in other states have reached the opposite conclusion.

“We are very concerned that existing 287(g) agreements will be allowed to continue. These agreements entangle local law enforcement in federal immigration enforcement, which undermines the trust communities need to report crimes and cooperate with investigations,” the organization said in a statement Monday. “While we welcome the court’s decision to at least preserve the part of the General Assembly’s intent to prevent the expansion of new 287(g) agreements, this does not resolve the basic problem at the heart of this case. Virginia law enforcement should focus on building trust, not serving as a force multiplier of federal immigration enforcement.”

Ayuda’s advocacy manager Sandra Benavente said Tuesday that the judge’s decision undermines public safety.

“An eleventh-hour ruling yesterday stripped away the very protections meant to keep the public safe today,” said Benavente. “This ruling directly undermines the safety and well-being of immigrant families across Virginia. It empowers local law enforcement to funnel Virginians into a detention and deportation system that tears families apart, destabilizes communities, and inflicts lasting trauma on those caught in it.”

In February, Gov. Abigail Spanberger directed state agencies to end their 287(g) agreements.

Monday’s decision is temporary pending the outcome of the case.