News Analysis: Is Spanberger More Moderate on ICE?

In the wake of disturbing viral videos of the deaths of American citizens Renee Good (Jan. 7) and Alex Pretti (Jan. 24) in Minneapolis following a surge of U.S. Immigration and Customs Enforcement (ICE) raids – and large-scale anti-ICE protests in the frigid streets in response – Democratic office holders around the nation are searching for ways to rein in ICE’s “abuses” while the Trump administration is decrying the Democratic Party’s support of “sanctuary cities” and the harboring of “criminal illegal aliens.” 

Del. Marcus Simon Reports from Richmond

Here in Falls Church, Va. Del. Marcus Simon (13th District) informed constituents from Richmond this morning Jan. 26 that newly-elected Virginia Democratic Gov. Abigail Spanberger is proactively looking to curtail ICE’s reach in the Commonwealth.

“On Thursday and Friday of last week, a number of bills were introduced aimed at limiting where, how, and when federal Immigration and Customs Enforcement (ICE) agents can conduct enforcement activities in Virginia, including proposals that would prohibit masks during federal enforcement actions and restrict operations near polling places and courthouses,” Simon wrote in his newsletter. “Many of these measures will soon be docketed in the Public Safety Committee, where they’ll receive detailed review and debate.”

“While we're working on constructive solutions at the state level, I also want to acknowledge the tragic and terrible events unfolding in Minnesota,” Simon continued. “Recent heartbreaking incidents involving federal immigration enforcement have drawn national attention and deep pain, underscoring ongoing challenges around civil liberties, public trust, and the need for thoughtful policy responses.”

“These events remind us of the profound issues facing communities across the country and how important it is for state leaders to engage with constituents with compassion and a commitment to justice,” Simon wrote. “As we continue our work in Richmond this session, I'm committed to keeping you informed, celebrating progress, confronting hard truths, and acknowledging events at home and across the nation that are affecting our communities.”

Virginia Mercury Details Spanberger’s Moderate Initiatives on ICE

“In newly Democratic Virginia, immigration enforcement becomes [an] early test for Spanberger,” The Virginia Mercury reported early this morning. “The governor moves to curb state cooperation with ICE as advocates warn existing agreements remain and Republicans argue the change risks public safety.”

“As federal immigration enforcement activity increases in Democratic-led states across the country, immigrant advocates and civil rights groups are warning that Virginia — which recently flipped full control of state government to Democrats — could be next,” Mercury reporter Marcus Schmidt wrote. “Gov. Abigail Spanberger, sworn in earlier this month as Virginia’s 75th governor, has moved quickly to draw a line between state law enforcement and federal immigration enforcement, while acknowledging that much of the authority still rests outside her control.”

Rescinding Executive Order 47 – How Far Does This Reach?

On Jan. 17, Day One of her administration, Spanberger rescinded former Governor Glenn Youngkin’s Executive Order 47 which had “directed Virginia State Police and the Department of Corrections to enter into so-called 287(g) agreements with U.S. Immigration and Customs Enforcement, effectively deputizing state officers to assist with federal immigration enforcement and encouraging local cooperation with ICE to identify and remove noncitizens accused or convicted of crimes,” the Mercury reported. 

“My executive order, repealing Executive Order 47, was an important first step in ensuring that we are not moving or reallocating state and local resources away from the first-responder duties, whether it is investigating crimes or being ready to support a community in need,” Spanberger said last week, according to the Mercury. Youngkin’s order “had created some real challenges,” for Virginia, she said.

“Frankly, the fear and concern we’ve seen in other places where people without any sort of designation — unannounced, wearing masks — are taking people off the streets, the level of fear that’s created and the level of distrust and confusion is certainly not contributing to any strengthening of our communities, let alone keeping our communities safer,” Spanberger said.

A Sign of Spanberger’s Moderation Toward ICE?

A former CIA case officer, Spanberger has long pitched to Virginia voters her more conservative national security and law-and-order credentials. She often prefaced remarks on the campaign trail with: “As someone who grew up in a law enforcement family and began my career in law enforcement….”

As a moderate liberal, however, Spanberger said she wants to ensure that Virginia residents – regardless of their immigration status – feel free to call the police for their safety and security when necessary without worrying about being seized by ICE. “The idea that any community member would be afraid of calling police in time of need, if there’s an emergency in their home, is a tragedy in and of itself,” she said according to the Mercury. 

In a sign of Spanberger’s moderation on the issue, her repeal of Executive Order 47 merely stipulates that state agencies are no longer “required” to enter into 287(g) agreements. It does not terminate any existing contracts “between ICE, state and local governments, regional jails or sheriffs’ offices,” the Mercury reported. “Nor does it prohibit new agreements at the local level.” Furthermore, all existing state and local agreements between the parties “remain in force until terminated” by one or both parties, and no such agreements have yet to be severed.

In Aug. 2025, Spanberger also told the Mercury she would support cooperating with ICE “when individuals have committed serious criminal violations at the state or federal level,” provided that federal authorities have obtained proper warrants for arrest.

Thus far, Spanberger has been relatively silent on other measures Virginia might take to curtail ICE’s operational authorities. 

On Jan. 16, U.S. District Judge Katherine M. Menendez issued a court injunction “barring federal agents in Minnesota from retaliating against individuals engaged in peaceful, unobstructive protest activity,” according to Al Jazeera. Officers were also “explicitly prohibited from arresting or detaining people protesting peacefully or engaged in orderly observations, if there was no reasonable suspicion that they had committed a crime ‍or were ⁠interfering with law enforcement.”

According to Al Jazeera, “The ruling also bans federal agents from using pepper spray, tear gas or other crowd-control munitions against peaceful demonstrators or bystanders observing and recording the immigration enforcement operations.”

Might Spanberger incorporate some of these injunctive restrictions into upcoming Democratic legislation? We’ll have to see. 

Legal Aid Justice Center Finds Virginia Currently Holds 223 ICE Agreements

According to the Legal Aid Justice Center (LAJC), potentially dozens of Virginia agencies – from regional jails to school resource officers to state agencies – “have contracted with ICE to perform duties that may exceed their authority or conflict with state law and the Virginia Constitution,” the Mercury reported. At least “223 state and local personnel have been nominated to participate in 287(g) agreements, including two school resource officers and a behavioral health advocate,” the LAJC reported. In fact, more than half of the revenue at the Riverside Jail in Prince George County comes from the facility’s “holding people for ICE.”

ICE’s 'Physical Detention Presence' in Virginia

According to InsideNova.com, ICE “maintains a physical detention presence in Virginia.” The agency “operates two detention facilities in the commonwealth, the Caroline Detention Facility in Bowling Green and the Farmville Detention Center, according to ICE records. Those facilities operate independently of whether state or local law enforcement agencies participate in 287(g) agreements.”

“Meanwhile, immigration enforcement concerns intensified last week after Hanover County officials confirmed receiving a letter from the U.S. Department of Homeland Security outlining plans to purchase and operate an ICE processing facility in a warehouse on Lakeridge Parkway,” the Mercury reported. “County officials said the project was not initiated by Hanover and that the county has 30 days to respond. The Board of Supervisors had not convened to discuss the proposal as of Thursday and is expected to address the matter at its Jan. 28 meeting.”

According to the Mercury, Virginia also operates regional jails that hold detainees under contract, including the Virginia Peninsula Regional Jail. “Advocacy groups say any expansion of processing or detention capacity could deepen fear in surrounding communities.”

Walking a Tightrope in Richmond 

Virginia’s new Democratic governor Spanberger will have to walk a political, legal, and budgetary tightrope in the coming weeks and months. As local authorities sign enticing and lucrative independent agreements to cooperate with ICE, her liberal base will apply pressure for her to intervene, especially if ICE agents’ behaviors provoke further public outrage nationally.  

Traditionally conservative pressures, however, will also be a concern for Virginia’s first woman governor. Should the possibility of lowering taxes be at risk from the loss of state revenue derived from ICE agreements, or, should moneyed-interests exert heavy lobbying pressure, or, should shocking crimes by "illegal aliens" increase – or be perceived to increase – Spanberger will be subject to the predictable attacks from the right. 

In any case, the broad scope of ICE’s federal authorities, as thus far delineated, place the agency largely out of reach of state governors. Without Congressional intervention, and with Republicans gearing up for the November midterms Spanberger’s hands will be tied.

At least, however, she has taken first steps.

By Christopher Jones