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Virginia Immigration Laws

Virginia has taken a mixed approach to immigration. The Virginia Values Act (2020) expanded anti-discrimination protections and created a more inclusive environment, while the state does not have a comprehensive sanctuary law. Virginia issues Driver Privilege Cards to undocumented immigrants (separate from standard licenses). In-state tuition eligibility for DACA recipients and certain undocumented students was expanded in 2020. Local enforcement cooperation with ICE varies significantly by jurisdiction.

Last verified: 2026-02-25

Key Virginia Statutes

Driver Privilege CardsVa. Code § 46.2-328.3

Virginia issues Driver Privilege Cards to residents who cannot provide proof of legal presence. The cards allow driving but cannot be used as identification for voting or other government purposes. Applicants must provide proof of Virginia residency, identity, and pass driving tests.

Virginia Values Act (Anti-Discrimination)Va. Code § 2.2-3900 et seq. (2020)

Expanded the Virginia Human Rights Act to prohibit discrimination based on sexual orientation and gender identity in employment, housing, public accommodations, and credit. While not immigration-specific, it provides broader protections for immigrant communities. Applies to employers with 5+ employees (expanded from 15+).

In-State Tuition EligibilityVa. Code § 23.1-502.4

Effective July 2020, students who attended Virginia high school for at least 2 years, graduated, and filed Virginia income taxes (or their parents did) are eligible for in-state tuition at public colleges, regardless of immigration status.

No Statewide Sanctuary PolicyVa. Code § 19.2-120.1 (ICE notification)

Virginia does not have a statewide sanctuary law. A 2020 law repealed a prior mandate requiring local jails to notify ICE of all arrested individuals, but local jurisdictions may still choose to cooperate. Individual localities (Arlington, Fairfax) have adopted varying levels of cooperation policies.

Official Sources

Not Legal Advice

This information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at Code of Virginia. For advice about your specific situation, consult a licensed attorney.

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