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Support HB1438 to Prevent Local Police from Federal Immigration Enforcement

To: Del. Keys-Gamarra, Sen. Boysko

From: A constituent in Reston, VA

January 29

I am writing to urge you to support Virginia House Bill 1438, which would restrict state and local law enforcement agencies from entering into agreements with federal authorities to perform federal immigration enforcement functions. This legislation is essential to maintaining public safety and ensuring that local police can effectively serve all members of our communities. HB1438 establishes clear boundaries by prohibiting state agencies and law enforcement from entering written agreements that authorize their employees to perform the functions of federal immigration officers. Under this bill, federal immigration laws could only be enforced by state or local agencies pursuant to a valid judicial warrant from a judge or magistrate, not administrative warrants or detainers. This distinction is critical because it ensures proper judicial oversight while preventing local police from being diverted from their primary mission of protecting Virginia residents. When local law enforcement becomes entangled in federal immigration enforcement, it erodes trust between police and immigrant communities. Residents become afraid to report crimes, cooperate with investigations, or seek help during emergencies. This makes entire neighborhoods less safe for everyone, regardless of immigration status. Local police departments have limited resources that should be focused on addressing crime in our communities, not performing duties that belong to federal agencies. The bill includes reasonable provisions that prohibit law enforcement officers from detaining individuals based solely on immigration status beyond their scheduled release from correctional facilities, with exceptions for criminal investigations or when required by law. It also creates a cause of action for violations, ensuring accountability. Importantly, HB1438 requires any existing agreements with federal authorities to be terminated by September 1, 2026, providing a clear timeline for implementation. I urge you to vote yes on HB1438. This legislation protects public safety, preserves community trust, and ensures that Virginia's law enforcement resources are used effectively to serve all residents of the Commonwealth.

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