January 28, 2026
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Virginia Bill Seeks 40‑Foot ICE Ban Near Polling Places

Virginia Democrats have introduced House Bill 1442, sponsored by Del. Alfonso Lopez, that would bar 'any person' from enforcing federal immigration laws within 40 feet of polling places, election board meetings or recount facilities, a restriction Republicans say is unconstitutional under the Supremacy Clause. The measure comes as the new Democratic majority and Gov. Abigail Spanberger advance a slate of immigration‑related bills, and as GOP House Minority Leader Terry Kilgore openly accuses Democrats of trying to shield illegal voting, citing federal arrest and interrogation authorities in 8 U.S.C. §§ 1226 and 1357. A DHS spokesperson told Fox News that ICE is not planning operations targeting polling sites, but made clear that if a 'dangerous criminal alien' happens to be near a polling location during a targeted operation, they may still be arrested. The bill spotlights a growing clash between blue‑state legislatures and the Trump administration over how far states can go in walling off local spaces—including election sites—from federal immigration enforcement, and it is already being used in conservative media and online to fuel claims about noncitizen voting and 'sanctuary' election zones.

Immigration & Demographic Change Election Law and Voting

📌 Key Facts

  • House Bill 1442 would prohibit enforcement of federal immigration law within 40 feet of polling places, election board meetings and recount facilities in Virginia.
  • The bill is patroned by Del. Alfonso Lopez, a Northern Virginia Democrat whose father was once undocumented, and is part of a broader Democratic agenda after Gov. Spanberger took office.
  • DHS told Fox News that ICE is not planning poll‑focused operations but may still arrest a 'dangerous criminal alien' who happens to be near a polling place during targeted enforcement.
  • Republican House Minority Leader Terry Kilgore cites the Constitution’s Supremacy Clause and federal statutes 8 U.S.C. § 1226 and § 1357 as reasons the state bill would be invalid if applied to federal agents.

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