Protected areas; certain federal immigration enforcement prohibited, penalty.

Plain English Breakdown

The bill does not define 'exigent circumstances' for entering protected areas, but it allows entry under such conditions without specifying what they are.

Protected Areas; Limiting Federal Immigration Enforcement

This law stops certain federal immigration officers from entering specific places in Virginia to enforce immigration rules, unless they have a special court order.

What This Bill Does

• Defines 'protected area' as any place or facility owned or operated by the Commonwealth or local government that includes hospitals, schools, attorney offices for the Commonwealth, and other areas designated by the Attorney General.
• Forbids employees of protected areas from letting federal immigration officers enter nonpublic parts of these places to enforce immigration laws.
• Makes it a serious crime (Class 1 misdemeanor) if someone violates this rule.
• Allows law enforcement to follow court orders or act in emergencies when entering protected areas for immigration enforcement.

Who It Names or Affects

• Federal immigration officers
• Employees and agents of places like hospitals, schools, and attorney offices

Terms To Know

Class 1 misdemeanor

A serious crime that can lead to jail time or fines.

Protected area

Places owned or run by the state or local government where federal immigration officers are restricted from entering without special permission.

Limits and Unknowns

• The law does not specify what happens if a protected area employee accidentally lets an immigration officer in.
• It is unclear how this will affect existing agreements between Virginia and federal agencies.

Official Summary Text

Protected areas; certain federal immigration enforcement prohibited; penalty.
Prohibits any employee or agent acting on behalf of a protected area from knowingly permitting any person to enter a nonpublic area of such protected area for the purpose of federal immigration enforcement. The bill defines protected area as any place or facility that is owned or operated by the Commonwealth or any political subdivision thereof and is (i) a hospital or other facility providing health care services; (ii) a school, including a preschool, primary school, or secondary school, vocational or trade school, or public institution of higher education; (iii) an office of an attorney for the Commonwealth; or (iv) any other place or facility designated by the Attorney General. The bill creates a Class 1 misdemeanor for any violation of such provision, subject to certain exceptions. The bill also makes the performance of certain acts for the purpose of identifying, arresting, or otherwise imposing a penalty upon a person for federal immigration enforcement punishable by a Class 1 misdemeanor.

Current Bill Text

A BILL to amend the Code of Virginia by adding a section numbered
19.2-81.7
, relating to protected areas; certain federal immigration enforcement prohibited; penalty.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered
19.2-81.7
as follows:

§ 1
9
.2-
81.7
.
Protected areas; certain federal immigration enforcement prohibited
; penalty
.

A. As used in this section, "protected area" means any
place or facility
that is
owned or operated by the Commonwealth or any political subdivision thereof
and
is (i)
a
hospital or other facility
providing health care services; (ii)
a
school, including
a preschool, primary school, or secondary school, vocational or trade school, or public institution of higher education; (iii) an office of an attorney for the Commonwealth; or (iv)
any other place or facility designated by the Attorney General.

B. No employee or agent acting on behalf of a protected area shall knowingly permit any person to enter a nonpublic area of the
protected area
for the purpose or in furtherance

of an operation executed in whole or part by federal authorities or out-of-state authorities that seeks to identify, arrest, or otherwise impose a penalty upon a person for purposes of federal immigration enforcement, including an immigration enforcement operation.

Any violation of the provisions of this subsection shall be punishable as a Class 1 misdemeanor.

C. Nothing in this section shall
prohibit
a law-enforcement officer f
rom complying
with a valid judicial warrant
to authorize a law-enforcement officer or federal immigration agent

to enter
in
to a protected area or entry
into such
protected area
by a law-enforcement officer or
federal
immigration agent under exigent circumstances.

D. No person shall perform any act for the purpose or in furtherance of identifying, arresting, or otherwise imposing a penalty upon a person for purposes of federal immigration enforcement in a protected area, unless authorized to conduct such immigration enforcement by a judicial warrant or judicial subpoena.

Any violation of the provisions of this subsection shall be punishable as a Class 1 misdemeanor.