Governor Youngkin’s New Immigration Initiative Sparks Debate with ICE Collaboration

Typewriter typing "Executive Order" on paper.

Virginia Governor Glenn Youngkin has taken a bold stance on immigration enforcement by signing Executive Order 47, directing state law enforcement to collaborate with federal Immigration and Customs Enforcement (ICE) under Section 287(g) agreements to remove dangerous criminal illegal immigrants from the Commonwealth.

Key Takeaways

Governor Youngkin has ordered Virginia State Police and Department of Corrections to formally partner with ICE through 287(g) agreements to identify and apprehend criminal illegal immigrants.
The order establishes two types of partnerships: a VSP Task Force with federally deputized officers and a VADOC Jail Enforcement Model to train corrections officers as Designated Immigration Officers.
Currently, 946 inmates in Virginia Department of Corrections facilities have open immigration detainers that can now be more effectively processed.
Critics warn the program could lead to racial profiling, erode community trust in police, and harm the state’s economy, citing previous costly implementation in Prince William County.
The executive order went into effect immediately upon signing, making Virginia one of several states increasing cooperation with federal immigration authorities.

Youngkin’s Immigration Enforcement Directive

Executive Order 47 creates formal partnerships between Virginia law enforcement agencies and federal immigration authorities. The order directs the Virginia State Police (VSP) to enter into a 287(g) Task Force Model agreement with ICE, while instructing the Virginia Department of Corrections (VADOC) to implement a Jail Enforcement Model partnership. These agreements allow state troopers and correctional officers to be deputized to perform specific immigration enforcement functions, including identifying, processing, and detaining undocumented immigrants who have committed crimes.

The governor has emphasized that Virginia is not a sanctuary state and will fully cooperate with federal immigration authorities. The Secretary of Public Safety & Homeland Security has been instructed to ensure all local and regional jails in Virginia cooperate with ICE operations. This comprehensive approach aims to create a coordinated immigration enforcement system within the Commonwealth focused on individuals who have committed crimes after entering the country illegally.

BREAKING: "Virginia’s Republican Governor Glenn Youngkin has directed the state’s police, sheriffs, and jails to cooperate with President Donald Trump’s Immigration and Customs Enforcement (ICE) agency."

"The state’s jails hold almost 1,000 deportable migrants, and “nine out of… pic.twitter.com/sVeOglxWv7

— Steve Guest (@SteveGuest) February 27, 2025

Governor’s Rationale for Enhanced Enforcement

Youngkin has framed the executive order as a public safety measure, citing incidents involving illegal immigrants as justification stating, “As Governor, protecting our citizens is my foremost responsibility and today we are taking action that will make Virginia safer by removing dangerous criminal illegal immigrants from our Commonwealth. This order will allow Virginia State Police and the Department of Corrections to partner with President Trump’s administration on federal immigration enforcement. Dangerous criminal illegal immigrants should not be let back into our communities to assault, rape, and murder. They should be sent back where they came from.” The initiative aligns with President Trump’s executive order titled “Protecting the American People Against Invasion,” which seeks to expand 287(g) agreements nationwide. Virginia joins other states like Georgia that have recently strengthened cooperation with ICE on immigration enforcement matters.

Lieutenant Governor Winsome Earle-Sears has echoed the governor’s position, stating: “We’ve seen too many tragic stories after dangerous criminals in this country illegally were put back on the streets, and this Executive Order will make sure we send them back to where they came from.” The administration points to the 946 inmates currently in VADOC facilities with open immigration detainers as evidence of the need for stronger enforcement mechanisms.

Concerns About Implementation

Critics of the 287(g) program have raised several concerns about its implementation in Virginia. Immigration attorneys warn that the initiative could lead to racial profiling and erode trust between immigrant communities and law enforcement. There are also economic considerations, with opponents pointing to Prince William County’s previous implementation of similar measures that reportedly cost taxpayers $23 million over five years.

Attorney Nash Fayad expressed concern that the program could have unintended consequences: “The 287(g) is not the best practice and it is a dangerous practice. It’s a dangerous practice for many immigrants who are going to continue being victims of crimes and now they are going to be afraid to report.” Some studies have questioned the premise of the order, noting research showing undocumented immigrants often commit fewer crimes than U.S.-born citizens.

Broader National Context

The Virginia initiative comes amid a national debate over immigration policy and enforcement. Section 287(g) of the Immigration and Nationality Act provides the legal framework for these state-federal partnerships, but implementation has varied widely across administrations and states. The program enables trained state and local officers to perform limited immigration law enforcement functions under federal authority.

Governor Youngkin has previously sought to address immigration issues through other means, including proposals to add “no sanctuary cities” language to the state budget. The executive order represents a significant escalation of those efforts, shifting from financial incentives to direct law enforcement action. Whether other states will follow Virginia’s example remains to be seen as the national immigration debate continues to evolve.