Virginia LULAC Thank Delegates Elizabeth Guzmán and Alfonso Lopez for Leadership on House Bills 1438 and 1441 Protecting Virginia Immigrant Communities

Virginia LULAC is proud to support House Bills 1438 and 1441, and we are grateful for the strong coalition of advocacy partners whom we have stood with in advancing these critical protections. We thank our ongoing efforts in partnership with Virginia immigration and civil-rights organizations — including the Virginia Coalition for Immigrant Rights (VACIR), the ACLU of Virginia, the Legal Aid Justice Center, Dreamers’ Mothers in Action, and the Virginia Coalition of Latino Organizations (VACOLAO) — to advocate for legislation that protects Virginia’s communities, safeguards public funds, strengthens trust in public safety, and ensures that state and local resources are invested where they are most needed.

House Bill 1438 was introduced by Delegate Elizabeth Guzmán, a trailblazing leader who has made history in the Commonwealth. She was one of the first Latinas elected to the Virginia House of Delegates and the first Latina immigrant to serve in the General Assembly, bringing a powerful voice for immigrant families, working people, and under-represented communities to Richmond. Born in Peru and coming to this country as a single mother, Delegate Guzmán worked multiple jobs while putting herself through college and ultimately earning advanced degrees, experiences that shaped her lifelong commitment to service and opportunity for all Virginians. During her time in the legislature, she has advanced legislation expanding access to health care through Medicaid expansion, restoring collective bargaining rights for public-sector workers, guaranteeing paid sick days for home health workers, and advocating for public education and environmental protection. Her legislative accomplishments reflect a deep dedication to equity, inclusion, and justice, and her leadership on House Bill 1438 continues that commitment by seeking meaningful protections for immigrant communities across the Commonwealth.

House bill 1438 is Agencies of the Commonwealth; law-enforcement agencies; employees and officers; agreements with federal authority for immigration enforcement; prohibitions and limitations. Prohibits a state agency or a law-enforcement agency, defined in the bill, from entering into a written agreement authorizing any employee or law-enforcement officer to perform a function of a federal immigration officer. The bill provides that federal immigration laws shall be enforced by a state or local law-enforcement agency of the Commonwealth pursuant to a valid judicial warrant, federal or statutory regulations, or as otherwise required by state law. The bill also prohibits an employee of a state agency or a law-enforcement officer, defined in the bill, from conducting certain actions or inquiries regarding a person's citizenship or immigration status while engaged in the performance of his duties and creates a cause of action for appropriate equitable, injunctive, or declaratory relief against such employee or law-enforcement officer who willfully conducts such actions or inquiries in violation of the provisions of the bill. Finally, the bill requires any state agency or law-enforcement agency that has an existing written agreement with a federal authority to perform federal immigration functions to terminate such written agreement by September 1, 2026.

House Bill 1441 was introduced by Delegate Alfonso H. Lopez, a dedicated public servant and historic leader in the Commonwealth. Upon his election to the Virginia House of Delegates in 2011, Delegate Lopez became the first Latino Democrat ever elected to the General Assembly, breaking barriers and opening the door for greater Latino representation in state government. Since taking office, he has championed a wide range of policies that advance opportunity, fairness, and prosperity for Virginia families and communities, including legislation to expand access to higher education, strengthen housing and small-business opportunities, and protect civil rights. As the son of a formerly undocumented father from Venezuela, Delegate Lopez has been a tireless advocate for immigrant and New American communities — from working to expand in-state tuition and financial aid eligibility for students regardless of immigration status, to passing laws that ensure undocumented victims and witnesses are protected from having to disclose their immigration status to law enforcement, and expanding Medicaid coverage for immigrant mothers and children. His leadership extends beyond immigrant rights to include environmental protection, economic equity, voting rights, and public safety, and he has used his long tenure in the House of Delegates to bring progressive and impactful reforms that strengthen the Commonwealth.

House bill 1441 is Law-enforcement officers; enforcement of federal immigration law; restrictions. Prohibits any state or local law-enforcement agency from maintaining, renewing, or entering into any federal immigration law-enforcement agreement unless such agreement contains certain conditions. The bill also prohibits any person acting in his capacity as a law-enforcement officer to assist or cooperate with or to allow or authorize any resources to assist or cooperate with or to otherwise facilitate any operation executed in whole or in part by federal authorities for the purpose of enforcing federal immigration law. The bill provides that such prohibition shall not apply where the authority to enforce such laws is otherwise permitted or required by state or federal law or where the person acting in his capacity as a law-enforcement officer is presented with a valid judicial warrant, judicial subpoena, or judicial detainer that authorizes such enforcement. This bill incorporates HB1438.

We thank both Delegate Elizabeth Guzmán and Delegate Alfonso H. Lopez for writing and sponsoring these bills to help protect our community and create stronger defenses in Virginia for our immigrant families and residents. Their leadership recognizes that Virginia tax dollars and state resources should be invested in priorities that serve all Virginians — not diverted into enforcement efforts that are the fiscal responsibility of the federal government. By placing clear limits on state and local involvement in federal immigration enforcement, HB 1438 and HB 1441 ensure that Commonwealth funds are directed toward Virginia housing, education, healthcare, public safety, and other core community needs, rather than subsidizing work that should be paid for and conducted by federal authorities with the appropriate jurisdiction and resources. If federal immigration authorities wish to support community safety in Virginia, they should bring federal resources, personnel, and funding to bear — rather than expect Virginia’s people and local governments to shoulder the cost. These bills reaffirm that federal immigration enforcement must remain a federal function, and that cooperation by state or local officers should only occur when required by law and with appropriate judicial oversight.

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About Virginia LULAC

Virginia LULAC is the state chapter of the League of United Latin American Citizens (LULAC), the nation’s oldest and largest Latino civil rights advocacy organization. Our mission is to advance the economic condition, educational attainment, political influence, health, housing, and civil rights of Hispanic Americans in the Commonwealth of Virginia and beyond.

Contact:

virginialulacofficial@gmail.com | valulac.org