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ACLU of Virginia has been working for more than fifty years to make liberty, justice, equity, inclusion, and dignity a reality for all people in the Commonwealth – regardless of their immigration status. 

That’s why we launched a new Immigrants’ Rights Project in 2023. Since then, we’ve worked with brave, determined partners and clients on the ground to secure key rights for immigrants who call the Commonwealth home: 

  • We sued ICE in a first-of-its-kind class-action lawsuit and won the release of dozens of immigrants whom the agency was arbitrarily detaining even after they had won their immigration cases, paving the way for the release of more immigrants in the future 
  • We got a Know Your Rights resource into the hands of immigrant communities across the Commonwealth with instructions for what to do when faced with law enforcement or ICE
  • We defended an immigrant survivor of domestic abuse, ensuring she has a pathway to citizenship through a special visa for survivors of crime, and requiring Roanoke Police Department to certify relief for all qualifying noncitizen survivors going forward 

People who are immigrants often face dire consequences and are denied their fundamental rights if they come into contact with law enforcement, because many local police departments coordinate with federal agencies. Even without being accused of a crime, people can be held in immigration detention facilities in conditions identical to prisons. And instead of being released to their families and communities after an arrest, they're often transferred to Immigration and Customs Enforcement (ICE) detention and fast-tracked for deportation.

We have a long way to go, and small changes won’t cut it. We need to eliminate abusive and dangerous conditions at immigration detention centers and end the jail-to-deportation pipeline in Virginia before the Commonwealth can truly be safe for us all.

MAKE A DONATION or volunteer today to protect immigrants who call Virginia home.

1. What should I do if ICE comes to my home?

A.What should I do if ICE comes to my home?

A.

Don’t open the door, even to talk to an agent or to find out if they have a warrant. ICE almost never has a judicial arrest warrant and is prohibited from entering your home without your consent. Check out our Know Your Rights resource to learn more about what you should do if you encounter the police or ICE.   

2. Are there ways to help someone get released from ICE detention?

A.Are there ways to help someone get released from ICE detention?

A.

If you need to locate someone in ICE custody, go to the ICE Detainee Locator to find out what facility they are in. People in ICE custody have the right to have an attorney, but the government won’t pay for or provide one. Check out our immigration attorney list for attorneys in the Virginia area. A person detained by ICE may be eligible to be released on bond, depending on their circumstances, and should consult with an immigration attorney about their options. After a person has been granted immigration relief in Virginia, they should be released unless there are exceptional circumstances. Check out resources about this requirement here. 

3. If I am arrested on a criminal charge and pay my criminal bail, can ICE pick me up before I am released?

A.If I am arrested on a criminal charge and pay my criminal bail, can ICE pick me up before I am released?

A.

Some jurisdictions in Virginia honor ICE detainers, which request the local jail to hold a person for an additional few days after they should have been released on criminal bail. This allows ICE to take the person from the local jail and detain them in an ICE facility, instead of being released into the community. If this happens, the person held on an ICE detainer must be given a copy of the detainer, notifying them of its use.