UMVA has learned that Virginia Governor Abigail Spanberger is taking a bold stance against federal immigration agents operating on state property, directing state employees to demand proof of legal authority from these agents.
The move comes in the form of an executive order signed on Tuesday, which instructs state employees to request a valid warrant from federal agents before allowing them to access "property of the Commonwealth." The order also explicitly prohibits federal agents from using state property as staging or processing locations, including polling sites.
This latest development is part of a larger effort by Democrats to test the boundaries between state and federal power, exploring what roadblocks they can legally create to taper the Trump administration's immigration crackdown methods. Spanberger's order has already sparked pushback from a legal expert, who believes it is an overreaching attempt to create requirements for agencies she has no power over.
Hans von Spakovsky, a constitutional scholar, believes Spanberger's order is little more than "political theater," as federal immigration law does not require a warrant to detain individuals. He points to a provision in federal law that bans officers from the Army or Navy, or any other person in the civil service of the U.S., from being at polling places unless they're there to cast a vote.
Spanberger's executive order comes on the heels of concerns over how the Trump administration might use federal agents in upcoming elections. When asked about these concerns, Spanberger replied that she worries about efforts to intimidate voters, and that her guidance will help Virginia state employees react to federal agents who might be appearing at polling places to scare people.
Notably, Spanberger previously vetoed a separate bill that would have outright banned ICE from making detentions in certain sensitive areas without a judicial warrant or subpoena, citing concerns over legal liability. Her new executive order follows a similar trend among states like New York and California, which have pushed more direct state-level attempts to restrict federal immigration activity.
The reaction to Spanberger's order has been swift, with Homeland Secretary Markwayne Mullin slamming the move as an example of putting "illegal alien criminals over her own constituents." As the debate over state and federal power continues to unfold, one thing is clear: Virginia Governor Abigail Spanberger is taking a firm stance on this contentious issue.
