Virginia Immigration Law Guide — Rights & Resources

Virginia does not have a statewide sanctuary law, but has enacted several immigrant-friendly policies in recent years. Some localities including Arlington and Fairfax County have adopted policies limiting voluntary cooperation with ICE detainers absent a judicial warrant. Virginia has not enacted anti-sanctuary legislation, and the state has moved toward more inclusive immigration policies since 2020.

Virginia issues driver privilege cards to residents who cannot demonstrate lawful presence, effective January 2021. These cards are marked 'For Driving Purposes Only — Federal Limits Apply' and cannot be used as federal identification. Applicants must provide proof of Virginia residency and identity, pass knowledge and road skills tests, and obtain auto insurance. §46.2-328.3

Virginia extends in-state tuition regardless of citizenship or immigration status under Va. Code § 23.1-505.1, which applies notwithstanding the § 23.1-502 domicile rules. A student qualifies who (i) attended high school for at least two years in Virginia and either graduated on or after July 1, 2008 from a Virginia public or private high school or program of home instruction or passed an approved high school equivalency examination on or after that date, (ii) submits evidence that the student — or, for a dependent student, a parent, guardian, or person standing in loco parentis — filed Virginia income tax returns for at least two years before registration or enrollment unless exempted by state law, and (iii) registers or is enrolled at a Virginia public or private institution of higher education. Such students are afforded the same educational benefits, including access to financial assistance programs administered by the Council, the State Board, or a public institution, as other in-state students. Holders of currently valid F, H-3, J (students or trainees only), or M visas are not eligible. §23.1-505.1

Mandatory for all agencies of the Commonwealth, which must be enrolled in E-Verify and use it for each newly hired employee who is to perform work within the Commonwealth. Public contractor and subcontractor obligations arise separately under Va. Code § 2.2-4308.2, not § 40.1-11.2. Private employers are not required to use E-Verify but may do so voluntarily.

The Immigration and Nationality Act §8 U.S.C. 1101 governs admission, removal, Naturalization, and work authorization. The Fair Debt Collection Practices Act §15 U.S.C. 1692 protects all consumers regardless of immigration status. Under the Fourth and Fourteenth Amendments, all persons in the United States — including noncitizens — have constitutional protections.