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Limits on courthouse arrests, identity concealment, ICE cooperation proposed

(The Center Square) – Proposals to restrict civil arrests at courthouses, limit when law enforcement officers may conceal their identities, and narrow state and local cooperation with federal immigration authorities have been proposed by a Democrat in the Virginia Senate.

Sen. Saddam Salim, D-Fairfax, is yet to have a hearing for his three bills. Each has been referred to the Courts of Justice Committee.

One proposal, Senate Bill 351, would prohibit most civil arrests in and around courthouses.

The bill would protect individuals required to attend court, including parties, witnesses, and certain family or household members, from civil arrest while attending, traveling to, or leaving court proceedings.

Civil arrests would be allowed only if authorized by a judicial warrant or order that has been reviewed by a designated judicial officer.

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Violations could be punished as contempt of court.

Another measure, Senate Bill 352, would restrict state and federal law enforcement officers from wearing facial coverings while performing official duties.

The bill includes exceptions for protective purposes, such as guarding against disease, infection, or exposure to toxic substances, as well as for officers assigned to special weapons and tactics teams during operations.

The bill would create a Class 1 misdemeanor for officers who knowingly violate the restriction.

It would also allow individuals to bring civil lawsuits for injuries resulting from such violations. Sovereign immunity would not be a defense in those cases.

The Department of Criminal Justice Services would be directed to develop a model policy governing the use of facial coverings by law enforcement officers.

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A fiscal impact statement prepared by the Department of Planning and Budget found the proposal is not expected to have a material fiscal impact on state agencies.

The statement noted that potential indirect costs related to jail populations could vary by locality.

The third proposal, Senate Bill 783, would limit agreements between Virginia law enforcement agencies and federal authorities for certain immigration enforcement functions.

The bill would prohibit state and local agencies from entering agreements that authorize officers to perform federal immigration enforcement duties unless specific conditions are met and the agreement is in writing.

Any such agreements would expire June 30, 2028.

The measure would also expand data collection requirements under the Virginia Community Policing Act.

Agencies would be required to track whether federal immigration officers were present during certain law enforcement actions, including traffic stops and other investigations.

In a statement announcing the bills, Salim said the legislation is intended to address concerns related to immigration enforcement, law enforcement accountability, and civil liberties.

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