By Shirleen Guerra | The Center Square
(The Center Square) – A bill aimed at limiting certain civil arrests inside Virginia courthouses has cleared the Senate and now moves to the House of Delegates.
Senate Bill 351, sponsored by Sen. Saddam Salim, D-Fairfax, would restrict most civil arrests in and around courthouses unless officers present a valid judicial warrant or order. The measure passed the Senate 21-18.
Under the bill, individuals required to attend court, including parties, witnesses and certain family or household members, would be protected from civil arrest while attending, traveling to or leaving court proceedings.
Civil arrests would still be allowed if authorized by a judicial warrant or court order that has been reviewed and confirmed by a judicial officer. Anyone who conducts or assists with a prohibited civil arrest could be held in contempt of court.
The bill applies only to civil arrests and does not change criminal arrest authority. It also does not limit the authority of judges to issue warrants or orders when required by law.
The legislation comes amid renewed debate in Virginia over the role of federal immigration enforcement inside state courthouses.
Salim said the legislation is intended to ensure people feel safe attending court proceedings without fear of arrest for civil immigration matters.
“Criminals are escaping prosecution because victims and witnesses are afraid if they go to court to press charges, they’ll be deported,” Salim wrote in a post following the vote. “SB351 simply requires that ICE present a warrant to arrest a person in a courthouse.”
Last week, Republican leaders said immigration enforcement is a federal responsibility and questioned whether legislation limiting cooperation with federal authorities addresses issues they say Virginians are most concerned about.