Senate panel approves substitute requiring transparency, limits on local 287(g) cooperation with ICE

Sen. Salim presented a substitute Jan. 28 that sets minimum conditions for any locality to maintain or enter into a 287(g)‑style agreement with federal immigration enforcement: advance notice of participating agents (names and ranks at least seven days ahead), clear identification on‑scene (ICE identification, not generic 'police'), adherence to applicable Commonwealth laws, waiver of any attempt to avoid state civil/criminal jurisdiction for acts taken while operating in Virginia, limits on enforcement on school, faith‑based and courthouse property, and restrictions on broad data requests unrelated to an identified individual without judicial process.

Committee discussion focused on undercover operations, whether the bill impinges on independent constitutional officers (sheriffs) and whether the new conditions would push federal enforcement offsite. Sponsors and many municipal witnesses argued the measures restore public trust in policing and protect vulnerable residents from unannounced enforcement actions inside courthouses and other community sites; opponents cautioned the limits could lead federal agents to operate without cooperation and create public‑safety trade‑offs.

The substitute was amended to replace "church" with the broader term "faith‑based organization" and to require recertification of existing agreements by September 1 if the locality intended to remain in force after the bill’s effective date. Supporters included local governments, immigrant‑rights groups, ACLU and CASA; opponents included some law‑and‑order voices who argued the bill could impede prosecutions and local safety efforts.

The committee voted to report the substitute to Finance, where proponents and opponents plan additional drafting on undercover exceptions and the relationship to federal authority before any floor action.