Immigration (Citizenship & Naturalization)

Constitutional amendment (first reference); qualifications of voters; United States citizenship. Proposes an amendment to the Constitution of Virginia to clarify that a person who has not obtained United States citizenship either at birth or through naturalization is not qualified to vote.

Public schools; right to free public elementary and secondary education; discrimination based on immigration status prohibited; civil cause of action. Prohibits any child in the Commonwealth from being denied a free public education through secondary school on the basis of the actual or perceived immigration or citizenship status of the child or the child's parents, in accordance with the Constitution of Virginia and consistent with the requirements of the Fourteenth Amendment to the United States Constitution. The bill also, among other things, prohibits any school board, public elementary or secondary school, school resource officer employed by a local law-enforcement agency in any public elementary or secondary school, or any individual who is an employee, contractor, or agent of a school board from engaging in certain enumerated actions and practices that involve or result in the denial of a free public education, or denial of the benefits or exclusion from participation in any program or activity thereof, of a child on the basis of the actual or perceived immigration or citizenship status of the child or the child's parents. The bill establishes a civil cause of action for violations of the foregoing prohibitions. The bill requires the Department of Education, in collaboration with the Office of the Attorney General, to develop and make available to each school board by August 1, 2026, guidance and resources on developing policies and procedures to implement the requirements set forth in the bill and requires each school board to develop and implement by December 31, 2026, such policies and procedures and to require each public elementary and secondary school principal and administrator in the school division to complete training on compliance with the provisions of the bill as soon as is practicable but not later than the beginning of the 2027–2028 school year, consistent with the guidance and resources developed and made available by the Department of Education. This bill is identical to HB 836.

Public schools; right to free public elementary and secondary education; discrimination based on immigration status prohibited; civil cause of action. Prohibits any child in the Commonwealth from being denied a free public education through secondary school on the basis of the actual or perceived immigration or citizenship status of the child or the child's parents, in accordance with the Constitution of Virginia and consistent with the requirements of the Fourteenth Amendment to the United States Constitution. The bill also, among other things, prohibits any school board, public elementary or secondary school, school resource officer employed by a local law-enforcement agency in any public elementary or secondary school, or any individual who is an employee, contractor, or agent of a school board from engaging in certain enumerated actions and practices that involve or result in the denial of a free public education, or denial of the benefits or exclusion from participation in any program or activity thereof, of a child on the basis of the actual or perceived immigration or citizenship status of the child or the child's parents. The bill establishes a civil cause of action for violations of the foregoing prohibitions. The bill requires the Department of Education, in collaboration with the Office of the Attorney General, to develop and make available to each school board by August 1, 2026, guidance and resources on developing policies and procedures to implement the requirements set forth in the bill and requires each school board to develop and implement by December 31, 2026, such policies and procedures and to require each public elementary and secondary school principal and administrator in the school division to complete training on compliance with the provisions of the bill as soon as is practicable but not later than the beginning of the 2027–2028 school year, consistent with the guidance and resources developed and made available by the Department of Education. This bill incorporates HB 912 and is identical to SB 491.

Public schools; right to free public elementary and secondary education; discrimination based on immigration status prohibited; requirements; civil cause of action. Prohibits any child in the Commonwealth from being denied a free public education through secondary school on the basis of the actual or perceived immigration or citizenship status of the child or the child's parents, in accordance with the Constitution of Virginia and consistent with the requirements of the Fourteenth Amendment to the United States Constitution. The bill prohibits any school board or public elementary or secondary school from engaging in certain enumerated actions and practices that involve or result in the denial of a free public education, or denial of the benefits or exclusion from participation in any program or activity thereof, of a child on the basis of the actual or perceived immigration or citizenship status of the child or the child's parents. The bill also requires each public elementary and secondary school to develop and implement procedures for reviewing and authorizing requests from law enforcement agents to enter a public school or public school facility. The bill establishes a civil cause of action for any party aggrieved by conduct that violates the provisions of the bill, in accordance with the provisions of the bill. Finally, the bill directs (i) the Department of Education to develop and make available to each school board by August 1, 2026, guidance for school personnel on the requirements of the bill and training guidelines and materials for the training of all public school principals and administrators on compliance with the provisions of the bill, and (ii) each school board to (a) develop and implement by August 1, 2026, policies and procedures in accordance with the provisions of the bill and (b) require each public school principal and administrator to complete training on compliance with the provisions of the bill by the beginning of the 2026–2027 school year. This bill was incorporated into HB 836.

Elections; duties of the Department of Elections; Systematic Alien Verification for Entitlements Program (SAVE Program). Provides that the Department of Elections' use of the Systematic Alien Verification for Entitlements Program (SAVE Program) operated by U.S. Citizenship and Immigration Services of the U.S. Department of Homeland Security is for the sole purpose of individually verifying that voters listed in the Virginia voter registration system are United States citizens. The Department of Elections is prohibited from (i) using information received from the SAVE Program as the sole reason for rejecting a registration application, (ii) uploading lists of registered voters to the SAVE Program for verifying their citizenship status in bulk, or (iii) transferring any information to the U.S. Department of Homeland Security or any subdivision thereof beyond the minimum information necessary. This bill was incorporated into HB 972.