Virginia State Immigration Laws
Welcome to FindLaw's coverage of existing Virginia legislation and rules related to individuals' immigration status. Below you will find information on what, if any, rules Virginia has regarding immigration checks by law enforcement, educational institutions, and employers, as well as the existence of E-Verify requirements, restrictions on public benefits based on an individual's immigration status, and more.
Law Enforcement and Immigration in Virginia
As part of the 287(g) Immigration and Customs Enforcement (ICE) ACCESS Program, a number of law enforcement agencies in various Virginia municipalities share information and otherwise work with ICE to enforce federal immigration laws.
State and local police in Virginia may check the immigration status of anyone they stop for any reason (even without an arrest).
Under a federal program called "Secure Communities," all arrestees are fingerprinted and run through a federal database which checks their criminal record and immigration status.
Refer to federal employment eligibility verification rules and the requirements for Form I-9.
Virginia E-Verify Requirements
All state agencies are required to use E-Verify (effective Dec. 1, 2012).
Driver's License/ID Requirements
Must provide proof of U.S. citizenship or legal residence to obtain a driver's license or state ID.
Public Benefits Restrictions
Under federal law, illegal immigrants are prohibited from receiving most public benefits. However, they are allowed to receive emergency services, health care and other programs that have been deemed "necessary to protect life and safety."
In Prince William County, illegal immigrants are denied access to community services.
Voting ID Rules
Non-photo identification required for voting. Examples include a Social Security card, Virginia driver's license or a Virginia voter registration card.
Housing Ordinances and Immigration
- Know Your Rights - Guide to protecting yourself and your family during immigration raids (PDF, CASA of Maryland and other organizations).
- Immigration to Virginia - Resources for immigrants to Virginia (U.S. Immigration Support).
Contact a qualified immigration attorney to help you get the best results possible.