The Virginia State Conference supports HB 650 HB 221 HB 1265

Tahirih Justice Center respectfully supports HB 650. Please see submitted attachment.

I am a sworn law enforcement officer in the Commonwealth of Virginia and I respectfully submit this testimony in opposition to House Bill 650. While the bill is framed as limiting “civil arrests” in courthouses, its language makes clear that it is specifically directed at civil administrative warrants issued on behalf of state or federal agencies for civil immigration purposes, including enforcement actions by U.S. Immigration and Customs Enforcement (ICE). The bill also defines that “arrest under civil process” and “civil arrest” do not include arrests for contempt of court or other lawful enforcement of court orders. HB 650 is constitutionally problematic. Federal immigration enforcement is a matter of national sovereignty governed by the Supremacy Clause of the U.S. Constitution. State laws cannot nullify or impede lawful federal immigration authority. By attempting to restrict civil administrative arrests in courthouses, this legislation invites legal conflict and potential litigation, placing Virginia in opposition to the federal government while offering no clear public safety benefit. Beyond its federal implications, the bill raises broader operational and public safety concerns. Its sweeping language could unintentionally prevent the enforcement of other civil orders or warrants issued under state law, including family court protective orders, civil detainers, or court-issued arrest warrants for violations of civil mandates. In practice, law enforcement officers may face confusion or hesitation, unsure whether executing a legitimate civil warrant in a courthouse could expose them to legal penalties. This could undermine compliance with court orders, delay justice, and place both officers and the public at risk. Courthouses are public spaces where justice is administered. Limiting the ability of law enforcement to enforce valid civil process—even inadvertently—compromises the rule of law. Civil enforcement, whether for immigration purposes or other judicially authorized civil orders, serves an essential public safety function. HB 650 imposes barriers that could chill enforcement, create unnecessary legal exposure for officers, and obstruct timely execution of lawful court orders. While the intent of the bill may be to limit certain federal civil enforcement actions, the broad language and lack of clarity expose Virginia law enforcement to operational ambiguity, unintended legal conflicts, and public safety risks. Any reforms aimed at regulating civil enforcement should be carefully tailored to avoid interfering with federal authority or lawful state civil processes and to ensure officers can execute their duties without fear of unintended liability. For these reasons, I respectfully urge the members of this committee to oppose House Bill 650. The legislation is constitutionally vulnerable, operationally problematic, and risks undermining both the enforcement of lawful civil orders and public safety in Virginia.