2026 SESSION

SENATE SUBSTITUTE

26110354D

SENATE BILL NO. 351

AMENDMENT IN THE NATURE OF A SUBSTITUTE

(Proposed by the Governor

on ________________)

(Patron Prior to Substitute—Senator Salim)

A BILL to amend the Code of Virginia by adding in Article 5 of Chapter 8 of Title 8.01 a section numbered 8.01-327.3, relating to performance of civil immigration arrests in certain areas; limitations.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Article 5 of Chapter 8 of Title 8.01 a section numbered 8.01-327.3 as follows:

§ 8.01-327.3. Performance of civil immigration arrests in certain locations; limitations.

A. No person with the lawful authority to perform civil immigration arrests shall conduct a civil immigration arrest in any of the following locations unless authorized by a valid judicial warrant that such person has in his possession at the time of the arrest:

1. Any state or local courthouse;

2. Any hospital or similar health care facility;

3. Any school, including any preschool, primary or secondary school, vocational school, trade school, or public institution of higher education;

4. Any office of an attorney for the Commonwealth; or

5. Any polling place, meeting of an electoral board, or recount proceeding.

B. No civil action brought as a result of a civil immigration arrest made in violation of this section shall be commenced more than two years after such civil immigration arrest. Nothing in this section shall be construed to abrogate a claim of qualified immunity.