Virginia State Immigration Laws

Immigration laws are primarily enforced by federal agencies. But states have their own rules that affect the daily life of immigrants and the services they can access. These rules and regulations vary by state. States also have a significant say in how they enforce immigration laws.

This article outlines immigration rules and policies in Virginia. Learn more about:

• Law enforcement and immigration in Virginia
• Employment checks
• Virginia E-Verify requirements
• Driver’s license and ID requirements
• Education checks and in-state tuition
• Voting ID rules
• Housing ordinances and immigration
• How an immigration lawyer can help
• Related resources

Immigration rules continue to evolve. Anyone facing an immigration issue in Vermont should speak with a local immigration attorney for up‑to‑date guidance.

Law Enforcement and Immigration in Virginia

Local law enforcement agencies work with the federal government to enforce immigration laws. Some of the federal agencies that handle immigration matters are:

• Department of Homeland Security (DHS)
• U.S. Citizenship and Immigration Services (USCIS)
• U.S. Immigration and Customs Enforcement (ICE)
• Federal Bureau of Investigation (FBI)

ICE added section 287(g) in the Immigration and Nationality Act (INA). This section authorized ICE to delegate certain functions to local law enforcement agencies. It aims to enhance collaboration between federal and local authorities to identify immigrants without proper documentation who are facing criminal charges.

The 287(g) program identifies and processes non-U.S. citizens arrested for criminal acts. Once identified, authorities assess these non-U.S. citizens for possible removal or deportation.

ICE provides a full list of participating agencies on its Delegation of Immigration Authority Section 287(g) Immigration and Nationality Act webpage. Scroll down the page until you see a button titled “View 287(g) Participating Agencies.”

In 2017, E.O. 13768, called “Secure Communities,” was in effect. President Joe Biden revoked the executive order in 2021. But before its revocation, it advocated a similar concept to section 287(g). It verified and identified undocumented immigrants charged with criminal offenses.

Employment Checks

Refer to federal employment eligibility verification rules and the requirements for Form I-9.

Virginia E-Verify Requirements

Effective December 1, 2012, all state agencies in Virginia must use E-Verify. E-Verify is a federally-operated system that allows employers to verify that applicants are legally authorized to work in the U.S.

Driver’s License and ID Requirements

Applicants must show proof of U.S. citizenship or legal residence to get a driver’s license or state ID in Virginia.

Public Benefits Restrictions

Under federal law, immigrants without documentation can’t get most public benefits. But, they can use emergency services, health care, and other programs “necessary to protect life and safety.”

In Prince William County, immigrants without documentation also can’t access community services.

Education Checks

Virginia offers in-state tuition to students without proper documentation. The Virginia state legislature passed Senate Bill 1387 to make this possible. The bill took effect in July 2020 and allowed undocumented students in Virginia access to in-state tuition rates. The student must meet specific criteria:

• Attended high school in the country for at least two years
• Have proof of income tax returns for parents or guardians of the dependent student, unless exempted by law

In-state tuition is available for students without documentation and Deferred Action for Childhood Arrivals (DACA) recipients.

Voting ID Rules

Virginia Department of Elections requires voters to show one form of identification to cast a vote. The following are some of the acceptable forms of identification:

• Virginia driver’s license
• Valid student ID
• Valid employee card
• Government-issued ID card
• U.S. passport or passport card
• Valid tribal enrollment or other tribal ID
• Voter ID card
• Nursing home resident ID

The state also allows non-photo identification documents. These documents include the following:

• Current utility bill
• Bank statement
• Government check
• Paycheck with the name and address of the voter
• Any government document with the name and address of the voter

The non-photo identification document must have been issued within the past 12 months. These are acceptable in either electronic or physical form.

Housing Ordinances and Immigration

There are no special housing ordinances for immigrants in Virginia. But the U.S. Fair Housing Act, a federal law, protects people’s rights to federal housing, regardless of immigration status.

Immigration Issue in Virginia? Contact an Attorney 

Dealing with immigration on your own is very difficult and stressful. Understanding federal and state laws can be overwhelming, and it is natural to feel frustrated and lost in the process. Fortunately, legal help is available for immigration issues.

An experienced attorney can give legal advice tailored to your case.  Some of the most common areas that immigration attorneys help with are:

• Naturalization or getting U.S. citizenship
• Processing visas for immigrant workers
• Getting a green card or lawful permanent residence
• Petitioning family members of U.S. citizens
• Appearing in immigration court
• Facing a deportation or removal
• Advocating for a loved one who has been detained

FindLaw’s directory of immigration attorneys can get you started. Because state immigration laws are relevant, your attorney should be licensed in Virginia. Enter your city or ZIP code for a list of qualified legal professionals in your area. Your search results will also show important details about prospective lawyers, including ratings and whether they offer free consultations.

Do not be afraid to talk to an immigration lawyer—attorney-client privilege prohibits them from sharing information about your immigration status. Their role is to help you, not act as an enforcement agent.

Immigration in Virginia: Related Resources

• Know Your Rights — Use this guide to protect yourself and your family during immigration raids.
• Immigration to Virginia — Find resources for immigrants to Virginia (U.S. Immigration Support).
• Virginia Coalition for Immigrant Rights — This multi-ethnic and multi-racial coalition of organizations advocates for immigrants’ rights. It also provides support and resources for immigrants in Virginia.