A federal judge blocked key parts of a Virginia law that restricted local law enforcement from cooperating with immigration authorities, keeping 27 existing agreements with ICE in place statewide.

Senior U.S. District Court Judge Robert Payne issued the preliminary injunction Monday, Aug. 31, barring Virginia from enforcing Senate Bill 783 against federal immigration officers or interfering with existing agreements under Section 287(g) of federal immigration law, the Virginia Mercury reported. The law was sponsored by Sen. Saddam Azlan Salim (D-Fairfax), and the underlying federal lawsuit names Fairfax County Commonwealth's Attorney Steve Descano as a defendant.

Section 287(g) agreements allow trained local officers to perform certain federal immigration enforcement duties.

The law had required existing 287(g) agreements to be rewritten by Sept. 1 with a dozen conditions. Agreements not modified would have been voided. Gov. Abigail Spanberger signed the bill in April, and it took effect July 1.

Payne found the federal government was likely to prevail on two constitutional claims. He concluded the law created a "substantial impairment" of existing contracts, violating the Constitution's Contract Clause. He also found the law "directly regulates the conduct of federal law enforcement" in an area under federal authority, likely violating the Supremacy Clause.

The ruling is temporary. Payne wrote the court would explain its reasoning in a forthcoming opinion.

Attorney general vows appeal

Virginia Attorney General Jay Jones said Sept. 1 that his office would immediately seek to stay the ruling and appeal.

"My office strongly disagrees with the judge's order and will urgently file a motion to stay this ruling and appeal the temporary injunction," Jones said.

Jones argued the General Assembly had the authority to set conditions on how localities participate in the federal program. He said the conditions target Virginia's local governments, not ICE, and therefore do not regulate federal enforcement.

What the blocked law would have done

SB 783 went beyond 287(g) agreements. It broadly prohibited state and local officers from assisting with federal civil immigration operations, with exceptions for actions authorized by judicial warrants, subpoenas or involving transfers from correctional facilities after receipt of an immigration detainer.

The dozen conditions for existing 287(g) agreements included advance identification of participating federal agents, restrictions on enforcement at schools, courthouses, faith-based organizations and polling places, limits on surveillance technology and requirements for judicial warrants to enter homes.

Payne left one restriction standing: localities that have never participated in the 287(g) program still cannot enter new agreements.

Fairfax County's stake

The ruling lands in the middle of a heated debate over immigration enforcement in Northern Virginia. The U.S. Department of Homeland Security reported 1,328 arrests across Virginia and Maryland between Aug. 1 and Aug. 14 in an operation focused on the Washington suburbs. DHS said those arrested included people with prior arrests or convictions involving sexual battery, kidnapping, robbery and murder, but did not say how many had been convicted.

Fairfax County Board of Supervisors Chair Jeff McKay said at the Aug. 26 Northern Virginia Regional Elected Leaders Summit that the county's public safety depends on residents feeling safe enough to talk to police.

"The worst thing you can do in a community is send people into hiding," McKay said at the summit, according to Patch.

Fairfax County Police Chief Kevin Davis, speaking at the same event, said trust between police and the community is fragile and that he would not want any level of government to damage the department's relationship with the immigrant community.

Descano was named as a defendant in the DOJ lawsuit filed in June because of his role in a coalition that pledged to enforce state law against federal immigration agents, FFXnow reported.

The Legal Aid Justice Center, which filed a brief supporting Virginia, said it was concerned existing 287(g) agreements would continue. As of July, the center counted 27 such agreements statewide, held mostly by local sheriffs.

Payne directed the state to distribute the ruling to commonwealth's attorneys across Virginia and ordered both sides to contact the court to schedule further proceedings. No hearing date has been set.