Spanberger rescinds EO 47; sheriffs say ICE cooperation unchanged

By Shirleen Guerra
The Center Square

(The Center Square) – Virginia Gov. Abigail Spanberger’s decision to rescind former Gov. Glenn Youngkin’s Executive Order 47 does not immediately end state or local law enforcement cooperation with U.S. Immigration and Customs Enforcement, according to law enforcement officials and the order itself.

Executive Order 47, issued by Youngkin in February 2025, required the Virginia State Police and the Virginia Department of Corrections to enter into 287(g) agreements with ICE. The order also encouraged local law enforcement agencies to participate in the federal immigration enforcement program.

Spanberger rescinded the order as part of her first round of executive actions after taking office.

The rescission removes the directive for state agencies to participate going forward, but it does not automatically terminate existing 287(g) agreements. Under federal law, those agreements remain in effect unless they are suspended or ended by the participating agency or ICE.

ICE also 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.

Several Virginia sheriffs contacted by The Center Square said the change has not altered their current practices.

The Hanover County Sheriff’s Office said it has not conducted operations with ICE and has not signed a 287(g) agreement, either before or after the rescission.

“To date, the Hanover County Sheriff’s Office has not conducted any operations with U.S. Immigration and Customs Enforcement, nor have we altered our policies as a result of Executive Order 47 or its rescission,” the department told The Center Square.

“During the normal course of our law enforcement duties, if we encounter an individual who has committed a crime and is determined to be unlawfully present in the United States, we may notify the appropriate federal authorities, including ICE. Any decision regarding response or assumption of custody rests solely with those federal agencies.”

Virginia State Police acknowledged a request for comment and said a response would be provided later in the week.

According to ICE data, there are currently 32 active 287(g) agreements in Virginia, involving local governments, state agencies, and correctional facilities.

Spanberger has said the policy change is intended to refocus state and local law enforcement resources on core public safety responsibilities. In a television interview this month, she criticized federal immigration enforcement tactics, saying they undermine trust between law enforcement and communities.

Republican leaders have criticized the decision. House Republican Leader Terry Kilgore has previously said ending the state’s participation in 287(g) agreements would make Virginia less safe. Former Attorney General Jason Miyares called the move “a disaster for public safety” in a post on X.

The policy shift comes as immigration enforcement has returned to the national spotlight. President Donald Trump has threatened to withhold federal funding from states and localities that limit cooperation with federal immigration authorities, though courts have previously blocked similar efforts.

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