Virginia 2026 Session Status: Introduced

HB1459 — Ice-Free Comm. Act; notifi. to fed. immigr. authorities of pending release of persons from custody.

Last action — Tabled in Public Safety (13-Y 7-N)

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  1. 1
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House of Delegates
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill has been introduced in the House of Delegates. Introduced January 23, 2026. It must pass committee before a floor vote.

Next likely step: a committee referral and hearing.

Prognosis

Stalled 26% · moderate confidence

Where this bill stands today.

Odds of enactment

Low

How often bills like it became law.

  • Introduced

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 1 recorded vote so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Ice-Free Comm. Act; notifi. to fed. immigr. authorities of pending release of persons from custody.

Bill Text

We don't have the full text on file for this bill yet.

Read HB1459 on the official Virginia source →

How this bill changes current law

25 changes Share ↗

Compared against the Code of Virginia as published AI-generated reading aid — verify against the official bill.

This bill amends 2 section(s) of the Code of Virginia: 53.1-218.1, 53.1-218.2.

  • 53.1-218.1

    A. As used in this section:

    Inserts “A. As used in this section:”.

  • 53.1-218.1

    "Federal immigration authority" means U.S. Immigration and Customs Enforcement or any successor agency.

    Inserts “"Federal immigration authority" means U.S. Immigration and Customs Enforcement or any successor agency.”.

  • 53.1-218.1

    "Immigration detainer" means a detainer issued by a federal immigration authority pursuant to 8 C.F.R. § 287.7 or any successor regulation.

    Inserts “"Immigration detainer" means a detainer issued by a federal immigration authority pursuant to 8 C.F.R. § 287.7 or any successor regulation.”.

  • 53.1-218.1

    B. The sheriff or administrator of any local or regional correctional facility shall, upon receiving an immigration detainer for any person in the custody of such facility, provide written notice to the federal immigration authority that issued the detainer of the anticipated date and time of such person's release from custody. Such notice shall be provided as soon as practicable, but not less than 48 hours prior to such release, excluding Saturdays, Sundays, and federal holidays. Where 48 hours' notice is not possible due to circumstances beyond the control of the facility, notice shall be provided as soon as practicable.

    Inserts “B. The sheriff or administrator of any local or regional correctional facility shall, upon receiving an immigration detainer for any person in the custody of such facility, provide written notice to the federal immigration authority that issued the detainer of the anticipated date and time of such person's release from custody. Such notice shall be provided as soon as practicable, but not less than 48 hours prior to such release, excluding Saturdays, Sundays, and federal holidays. Where 48 hours' notice is not possible due to circumstances beyond the control of the facility, notice shall be provided as soon as practicable.”.

  • 53.1-218.1

    C. The notice required by subsection B shall include:

    Inserts “C. The notice required by subsection B shall include:”.

  • 53.1-218.1

    1. The full name of the person and any known aliases;

    Inserts “1. The full name of the person and any known aliases;”.

  • 53.1-218.1

    2. The anticipated date and time of release;

    Inserts “2. The anticipated date and time of release;”.

  • 53.1-218.1

    3. The charges for which the person was held or the offense of which the person was convicted; and

    Inserts “3. The charges for which the person was held or the offense of which the person was convicted; and”.

  • 53.1-218.1

    4. The last known address of the person, if available.

    Inserts “4. The last known address of the person, if available.”.

  • 53.1-218.1

    D. Nothing in this section shall be construed to:

    Inserts “D. Nothing in this section shall be construed to:”.

  • 53.1-218.1

    1. Require any local or regional correctional facility to detain any person beyond the time such person would otherwise be released pursuant to state law;

    Inserts “1. Require any local or regional correctional facility to detain any person beyond the time such person would otherwise be released pursuant to state law;”.

  • 53.1-218.1

    2. Create any right or cause of action on behalf of any person against the Commonwealth, any locality, or any officer or employee thereof; or

    Inserts “2. Create any right or cause of action on behalf of any person against the Commonwealth, any locality, or any officer or employee thereof; or”.

  • 53.1-218.1

    3. Limit any existing authority of a sheriff or facility administrator to cooperate with federal immigration authorities.

    Inserts “3. Limit any existing authority of a sheriff or facility administrator to cooperate with federal immigration authorities.”.

  • 53.1-218.1

    E. No sheriff, facility administrator, or employee of a local or regional correctional facility acting in good faith compliance with this section shall be held civilly liable for providing the notice required herein.

    Inserts “E. No sheriff, facility administrator, or employee of a local or regional correctional facility acting in good faith compliance with this section shall be held civilly liable for providing the notice required herein.”.

  • 53.1-218.2

    A. The Director of the Department of Corrections shall, upon receiving an immigration detainer for any person committed to the custody of the Department, provide written notice to the federal immigration authority that issued the detainer of the anticipated date and time of such person's release from custody. Such notice shall be provided not less than 60 days prior to such release, or as soon as practicable where 60 days' notice is not possible.

    Inserts “A. The Director of the Department of Corrections shall, upon receiving an immigration detainer for any person committed to the custody of the Department, provide written notice to the federal immigration authority that issued the detainer of the anticipated date and time of such person's release from custody. Such notice shall be provided not less than 60 days prior to such release, or as soon as practicable where 60 days' notice is not possible.”.

  • 53.1-218.2

    B. The notice required by subsection A shall include:

    Inserts “B. The notice required by subsection A shall include:”.

  • 53.1-218.2

    1. The full name of the person and any known aliases;

    Inserts “1. The full name of the person and any known aliases;”.

  • 53.1-218.2

    2. The anticipated date and time of release;

    Inserts “2. The anticipated date and time of release;”.

  • 53.1-218.2

    3. The offense of which the person was convicted and the sentence imposed; and

    Inserts “3. The offense of which the person was convicted and the sentence imposed; and”.

  • 53.1-218.2

    4. The last known address of the person, if available, or the address to which the person will be released if known.

    Inserts “4. The last known address of the person, if available, or the address to which the person will be released if known.”.

  • 53.1-218.2

    C. Nothing in this section shall be construed to:

    Inserts “C. Nothing in this section shall be construed to:”.

  • 53.1-218.2

    1. Require the Department to detain any person beyond the time such person would otherwise be released pursuant to state law;

    Inserts “1. Require the Department to detain any person beyond the time such person would otherwise be released pursuant to state law;”.

  • 53.1-218.2

    2. Create any right or cause of action on behalf of any person against the Commonwealth or any officer or employee thereof; or

    Inserts “2. Create any right or cause of action on behalf of any person against the Commonwealth or any officer or employee thereof; or”.

  • 53.1-218.2

    3. Limit any existing authority of the Department to cooperate with federal immigration authorities.

    Inserts “3. Limit any existing authority of the Department to cooperate with federal immigration authorities.”.

  • 53.1-218.2

    D. No officer or employee of the Department acting in good faith compliance with this section shall be held civilly liable for providing the notice required herein.

    Inserts “D. No officer or employee of the Department acting in good faith compliance with this section shall be held civilly liable for providing the notice required herein.”.

Action History

  1. H Tabled in Public Safety (13-Y 7-N)

  2. H Placed on Public Safety Agenda

  3. H Placed on Public Safety Agenda

  4. H Fiscal Impact Statement from Department of Planning and Budget (HB1459)

  5. H Assigned HMPPS sub: Subcommittee #3

  6. H Referred to Committee on Public Safety

  7. H Presented and ordered printed 26106083D

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 147 not signed on · 6 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (147)

147 members have not signed on to this bill.

Show all 147 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Tabled in Public Safety

Passed 13 Yea · 7 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 13702
Total 13702
% of votes cast 59%32%0%9%
How each member voted (22)
Member Party Vote
Adele Y. McClure — Yea
Alfonso H. Lopez — Yea
Dan I. Helmer — Yea
Debra D. Gardner — Yea
Delores Oates — Nay
Elizabeth B. Bennett-Parker — Yea
Eric Phillips — Nay
Eric R. Zehr — Nay
Holly M. Seibold — Not Voting
Jessica L. Anderson — Yea
Joshua E. Thomas — Yea
Karen Hamilton — Nay
Kimberly Pope Adams — Yea
Marcus B. Simon — Yea
Michael B. Feggans — Yea
Michael J. Webert — Nay
Mitchell Cornett — Nay
Nadarius E. Clark — Not Voting
Patrick A. Hope — Yea
Rae Cousins — Yea
Sam Rasoul — Yea
Tony O. Wilt — Nay

Official roll call →

Subjects

immigration
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB1459 do?
Ice-Free Comm. Act; notifi. to fed. immigr. authorities of pending release of persons from custody.
Who sponsors HB1459?
HB1459 is sponsored by Eric R. Zehr.
What is the current status of HB1459?
This bill has been introduced in the House of Delegates. Introduced January 23, 2026. It must pass committee before a floor vote.
Where can I track HB1459?
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Last checked for changes 4 months ago · updated continuously

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