Democrats push bill blocking ICE near polling places — despite clear constitutional conflict
Virginia Democrats are pushing legislation that would prohibit federal immigration enforcement near polling places, a move Republicans say is unconstitutional and sets up a direct conflict with federal law governing the arrest and detention of illegal immigrants.
At issue is House Bill 1442, patroned by Del. Alfonso H. Lopez, D-Shirlington, which would bar “any person” from enforcing federal immigration laws within 40 feet of polling places, election board meetings or recount facilities — a restriction critics argue Virginia has no authority to impose on federal agents under the Constitution’s Supremacy Clause.
The bill from Lopez, who represents a deep-blue district just south of Washington, D.C., is one of several Democratic-backed measures targeting federal immigration enforcement since the party took full control of state government last month.
In an exclusive interview with Fox News Digital, House Minority Leader Terry Kilgore, R-Gate City, suggested the bill won’t hold legal water even if passed due to federal supremacy.
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“Ignoring the obvious constitutional problem of having a state tell the federal government what it can do, this bill makes it clear that Democrats not only want illegal immigrants voting, Democrats think they’re already voting and want them to continue,” Kilgore said.
The longtime lawmaker cited the Supremacy Clause of the Constitution, which declares federal statutes the “supreme law of the land” and maintains precedence over conflicting state laws that attempt to usurp federal authority.
In that regard, 8 U.S.C. § 1226 says an “alien may be arrested and detained pending a decision on whether the alien is to be removed from the United States,” while Section 287(a) — of which the oft-cited subsection 287(g) is a part — permits agents to “interrogate, without warrant, any alien or person believed to be an alien concerning his or her right to be, or to remain in the United States.”
Those two sections would run directly counter to Lopez’s bill.
When asked for a response to the legislation, a DHS spokesperson told Fox News Digital the agency is not planning any operations targeting polls — but said it’ll be business-as-usual if an individual illegal immigrant finds themselves near one.
“ICE conducts intelligence-driven targeted enforcement, and if a dangerous criminal alien is near a polling location, they may be arrested as a result of that targeted enforcement action,” the spokesperson said.
Since Virginia Democratic Gov. Abigail Spanberger took office last month, Democrats led by Senate leader L. Louise Lucas and House Speaker Don Scott, both of Portsmouth, have spearheaded several left-wing proposals anchored by their redrawn congressional map that likely unseats every Republican in the state except Rep. Morgan Griffith of the heavily rural southwest.
Lopez, whose biography mentions that his father was a “former undocumented” immigrant from Venezuela, previously supported legislation to make ballot drop boxes permanent and to make DREAMers eligible for college financial aid, according to his campaign website.
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“Virginia Democrats just gave away the game on illegal alien voting,” the Virginia Senate Republican Caucus said in response to the new bill.
“Now why would Democrats be concerned about illegal aliens being arrested near polling locations?” read a statement from the caucus, which is led by Sens. Ryan McDougle of Hanover and Mark Obenshain of Rockingham.
Local ABC News affiliate reporter Nick Minock asked a similar question on social media:
“Why would an illegal immigrant be within 40 feet of a polling place if they’re not supposed to vote in Virginia elections?”
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Lopez’ bill isn’t the only one targeting election-day procedures:
State Sen. Barbara Favola, D-Ballston, put forth a bill extending the deadline for Virginia absentee ballots to be received to three days after an election at 5PM ET.
Another bill from Virginia State Del. Cia Price, D-Newport News, would prohibit hand-counting paper ballots “for any reason or purpose not specifically authorized by law.”
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Price’s bill requires ballot-scanners be used instead, as several critics cried foul over the fact that hand-counting ballots moots any claims that machinery or technology could be “hacked” as has arisen in recent elections.
In comments to the Daily Signal, former Rep. Dave Brat, R-Va., rebuked the bills and tied federal supremacy to what’s happening in Minnesota.
“Minneapolis right now is rioting all across the streets because local law enforcement won’t cooperate with the federal,” he said.
“Everywhere where the local does cooperate with the federal, there’s peace and quiet and harmony.”
Other “bad bills” cited by Republicans include a bevy of bills creating new niche sales taxes, bans on gas-powered leaf-blowers à la New Jersey, expanding ranked-choice voting à la New York City, several Second Amendment-related taxes and removal of a “grandfather” provision for certain otherwise legally held firearms.
Fox News Digital reached out to Lopez for comment.
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