Virginia ICE Raids and "Sensitive Locations" Explained
In the past, immigrants in Virginia have relied on the "quiet understanding" that there would be no ICE enforcement actions at "sensitive locations," including schools, churches, and hospitals. Unfortunately, recent immigration policy shifts and increased state-level cooperation with federal agencies have blurred those "understood" lines.
It is important for all non-citizens in Virginia and across the United States to understand what – if any – areas are actually protected, and how to respond if ICE appears near or in a sensitive location. It is equally important to consult a knowledgeable Woodbridge, VA immigration attorney who is familiar with immigration laws and stays up-to-date with changes to those laws.
Prior Federal ICE Policy
ICE traditionally avoided immigration enforcement at or near schools, churches, hospitals, and public demonstrations, although this was not a law. The policy was considered discretionary as a means of protecting humanitarian and community institutions. These discretionary protections were reinforced in 2021 through the Mayorkas Memo.
This memo reiterated these areas as officially "protected" and expanded the list to include domestic violence shelters, COVID testing sites, and daycare centers. No arrests, interviews, searches, or surveillance in connection with non-citizens was to take place without prior supervisory approval.
Exceptions existed for national security, imminent threat scenarios, or terrorism. Even though these were policy guidelines, rather than statutory rights, they were generally upheld until 2025. An Executive Order in 2025, along with local 287(g) agreements, complicated this policy when some states and county law enforcement agencies agreed to cooperate with ICE.
How are Sensitive Location Protections Applied or Ignored in Virginia?
Urban jurisdictions in the state (Arlington, Fairfax, Alexandria) typically follow the protected areas standard. At the same time, rural counties with 287(g) programs, like Prince William or Culpeper, may assist ICE with detentions outside or near sensitive areas. Recently, ICE has conducted enforcement near emergency rooms or hospital parking lots, although Virginia hospitals are not legally required to report the immigration status of patients.
Public schools and universities must admit students regardless of legal status as per Plyler v. Doe. School officials are generally advised not to share immigration information unless there is a court order compelling them to do so. Most Virginia churches remain off-limits to ICE, but we are seeing ICE agents waiting outside churches or in nearby church parking areas.
What Non-Citizens Should Do if ICE Appears Near a Sensitive Location
As hard as it is, non-citizens should try not to panic if ICE is waiting outside their church, in a hospital parking lot, or outside their child’s school. Fleeing could inadvertently make individuals who were not initially targeted into targets.
ICE must have specific warrants to enter private or restricted areas. These warrants will either be administrative warrants (Form I-200/I-205), signed by ICE officials, which are not valid for entry, or judicial warrants signed by a federal judge and required for entry into homes, churches, or private buildings.
Non-citizens have the right to remain silent, refuse consent to a search, and decline to open doors unless shown a judicial warrant. Always document and report ICE incidents, including time, location, and badge numbers, when possible. Community groups like the Virginia Coalition for Immigrant Rights track ICE enforcement patterns. Immigration attorneys can file motions to suppress illegally obtained evidence in immigration court.
While the sensitive-location policy is not a law, actions may nonetheless violate equal protection rights and the Fourth Amendment. Non-citizens should always have a designated emergency contact and an immigration attorney, and should keep copies of identification and any legal documents in a safe place. Children’s school records should list alternate contacts who are authorized to pick up the children. Non-citizens should develop a community network that can serve as a sanctuary in the event ICE shows up.
Contact a Fairfax, VA Immigration Lawyer
If ICE or local law enforcement shows up in sensitive locations, protections are not absolute, although you do have certain rights. A Woodbridge, VA family immigration attorney from The Estevez Group, PC can help you understand your rights and have proactive strategies for protection before an enforcement encounter occurs. Attorney Estevez is available 24/7, works hard to help those in crisis, and is fluent in Spanish and Portuguese. Call 703-202-1660 to schedule your free consultation.
