Amicus brief filed in support of laws limiting ICE collaboration
Today, the Legal Aid Justice Center filed an Amicus Brief in United States vs. Commonwealth, a case in which the Trump administration asks a federal court to strike down newly enacted legislation (Va. Code § 15.2-1726.1) setting guidelines on when and how localities can devote state and local resources to federal immigration enforcement. In the brief, LAJC defends state law and urges the court to deny the United States’ motion for preliminary injunction.
The brief draws upon the Legal Aid Justice Center’s many years of experience representing and advocating on behalf of immigrant Virginians and is more recently informed by an in-depth investigation into state and local law enforcement’s entanglement with federal immigration enforcement. It explains that the 287(g) program, used by federal immigration authorities to enlist states and localities to support their enforcement efforts, is purely voluntary and subject to state limits and regulations. It supports the State’s position that Virginia’s new law protects important and legitimate state interests in both public safety and economic security. It also gives the Commonwealth better ability to protect itself against lawsuits filed against inexperienced local law enforcement, which current 287(g) agreements make clear fall entirely on state and local taxpayers.
LAJC’s brief highlights several examples of how 287(g) agreements in Virginia have impacted Virginia families. For example, earlier in 2026, LAJC represented a client in a federal habeas action after he was arrested in Franklin County by a local officer acting under the auspices of a 287(g) agreement. This client is married to a U.S. citizen and has a pending application to adjust his immigration status. Nevertheless, instead of a ticket for an expired registration sticker, the traffic stop ended with him being shackled in front of his family, loaded into a police vehicle, and transported to a series of detention centers over the next few weeks. Luckily, our client was able to secure counsel and ultimately his release, but only after many weeks of extreme hardship.
“The 287(g) program is incompatible with the legal constraints that Virginia places on its own law enforcement, such as limits on warrantless arrests, public transparency and data protection laws, and legal protections for noncitizen victims of crimes,” said Angela Ciolfi, executive director for the Legal Aid Justice Center. “The Virginia General Assembly’s efforts to protect Virginia residents should be honored.”
Read and download the brief here
