Directing the Commonwealth’s Law Enforcement to Terminate Section 287(g) Agreements

Importance of the Issue

In Executive Order No. 10 (2026), I rescinded Executive Order No. 47 (2025) because Virginians deserve to have their state and local law enforcement resources devoted to the safety and security of their communities, not federal civil immigration enforcement. It is critical that state law enforcement agencies ensure their agreements, policies, and approaches are focused on their core responsibilities: keeping our communities safe, investigating, and deterring crime; building, cultivating, and maintaining trust-based partnerships with the community; and within the Department of Corrections, operating Virginia’s prisons justly.

At my direction, the Secretary of Public Safety and Homeland Security and the Secretary of Natural and Historic Resources engaged with relevant stakeholders to identify and understand agreements previously entered into under Section 287(g) of the Immigration and Nationality Act (“Section 287(g) Agreements”) by state agencies. Our review found that these Section 287(g) Agreements, per the language of the agreements, improperly cede accountability and discretion over Virginia law enforcement to the federal government by requiring that Virginia law enforcement agents work “under the supervision or direction of” the U.S. Immigration and Customs Enforcement (“ICE”).

Virginia law enforcement exists to preserve life, protect people who are vulnerable, and uphold the U.S. Constitution and the Constitution of Virginia with integrity and accountability. Virginia law enforcement remains focused on enforcing the law, and Virginia law enforcement will continue to exercise available authority – including in cooperation with local, state, federal, and tribal partners – under a valid judicial warrant. I have full confidence that Virginia law enforcement is keeping Virginia safer when exercising their authority under Virginia law.

Directive

By virtue of the authority vested in me as Governor under Article V of the Constitution of Virginia, I hereby direct the Virginia State Police, the Virginia Department of Corrections, the Virginia Department of Wildlife, and the Virginia Marine Resources Commission to terminate

any and all Section 287(g) Agreements and any related memoranda of understanding or similar agreements with ICE. Virginia State Police, the Virginia Department of Corrections, the Virginia Department of Wildlife, and the Virginia Marine Resources Commission shall report to their Secretariats within five business days of the date of this directive: (1) a list of the Section 287(g) Agreements and any related memoranda of understanding or similar agreements in existence with the agency as of the date of this directive; and (2) the date the agency formally withdrew from the identified Agreements.

Effective Date of the Executive Directive

This Executive Directive shall become effective upon its signing and shall remain in full force and effect unless amended or rescinded by further executive order or directive.

Given under my hand and under the Seal of the Commonwealth of Virginia this 4th day of February 2026.

Abigail D. Spanberger, Governor