Virginia Interfaith Center for Public Policy members advocating for immigrant safety
The attention of northern Virginians has been captive to the uncertainties of agency dissolutions, federal employee terminations and layoffs impacting neighbors living here. The sudden changes come with the fear of major impacts to the local economy which is home to about 80,000 federal workers.
But on Tuesday, March 4, U.S. Immigration and Customs Enforcement arrests were reported in several spots around Northern Virginia, including Herndon and Arlington, bringing fear to a different group. Immigrant neighbors are experiencing anxiety over possible detainment, arrest and deportation. A Feb. 27 action by Gov. Glenn Youngkin puts immigration law enforcement in the spotlight again. Youngkin issued Executive Order 47 “to direct state law enforcement and corrections officers to assist with federal immigration enforcement and to request localities fully cooperate with U.S. Immigrations and Customs Enforcement removal and other enforcement operations,” according to a release.
Local Jurisdictions Value All Residents
Northern Virginia, home to people from around the globe, has been welcoming to those coming from other countries. Local jurisdictions’ open acceptance is reflected in published policy statements:
* “Fairfax County is a vibrant, welcoming community for everyone. … The County is devoted to protecting the rights of all its residents, regardless of their immigration or citizenship status, and to ensuring they have an equal opportunity to participate in our economic vitality.”
* “The City [Alexandria] is committed to providing a wide range of effective and essential safety net services to improve or maintain the well-being, safety and self-sufficiency of all its residents — including the hundreds of refugees and immigrants we welcome into our community every year.”
Fairfax County, Arlington County and the City of Alexandria have chosen not to participate in memorandums of understanding to support federal immigration and custom enforcement. Such agreements, permitted by 1996 law, under Section 287(g), could allow ICE to delegate authority to perform specified immigration officer actions under ICE direction, to federally trained and certified local law enforcement officers. Agreements also could allow ICE use of local detention centers under the management of local sheriffs.
Alexandria’s Sheriff Sean Casey said, “I want to reassure everyone that the Alexandria Sheriff’s Office does not and will not participate in any type of immigration enforcement in our community. The Alexandria Adult Detention Center will never be used to house individuals arrested by ICE during their enforcement of immigration laws. Additionally, we will never use any taxpayer funds or accept any funding for immigration enforcement activities. This policy is unwavering and will not change under any circumstances.”
Arlington County’s policy states, “Arlington has long prided ourselves on being an inclusive and welcoming community that respects and equitably serves all of our residents. Recent actions on immigration enforcement at the federal level have understandably created uncertainty in our community. … Simply, Arlington County’s policies and operations have not changed. We will continue to live up to our core values as a community that values diversity, inclusivity, and treats everyone with human dignity and respect.”
Fairfax County’s Sheriff Kincaid terminated an agreement for use of the county detention center in May 2018, stating, "We intend to comply with all federal obligations as they pertain to ICE. The current contract is not necessary for us to do this as evidenced by the fact that the vast majority of localities in the Commonwealth have no contractual arrangement. We found it expedient to no longer have an agreement that required us to extend our resources beyond these obligations. We remain committed to our mission and mandate.”
Local Response to Executive Order
Governor Youngkin’s executive order number 47 is forcing localities to reexamine these stated positions. A spokesperson for the Fairfax County Sheriff’s Office indicates, “the Sheriff’s Office is aware of Governor Youngkin’s executive order and is in the process of reviewing it. The Fairfax County Sheriff’s Office has always followed, and will continue to follow all local, state, and federal laws.”
A spokesperson for the Alexandria Sheriff’s Office says, “We await contact from the Secretary of Public Safety & Homeland Security for additional details but based on the initial information, there will be no change in Sheriff’s Office policy or procedures.” She refers all to the Sheriff’s previous statement.
Community Help Outlined
Fairfax County has a list of resources available to immigrants, addressing legal, education, and hotline support.
Ayuda, a 501(c) nonprofit organization, advocates for, and provides, legal, social, and language services to help low-income immigrants in access justice and transform their lives through direct legal, social and language services, training and outreach.
In a communication to its 20,000 members, the Virginia Interfaith Center for Public Policy (VICPP) expressed “serious concerns with this executive order.” They fear the order will “lead to an increase in racial profiling and continue to damage the relationship between Black/Brown communities and law enforcement.” Further the VICPP raises concerns over the implication that immigrant neighbors are dangerous criminals; the broken immigration system without action to address underlying problems; and the risk of creating less safe communities by harming relationships between law enforcement and immigrant communities. In partnership with the Congregation Action Network, VICPP is calling on Youngkin to reconsider his Executive Order number 47. Co-executive director, Reverend Dr. LaKeisha Cook shares, “Almost 1,000 emails have been sent asking [Youngkin] to reconsider this action.”
Executive Order Number 47
Youngkin, who began his term in 2022, has used past executive orders to address his policy positions on issues, such as education and drugs. A large number, 13, declared weather emergencies.
Executive order number 47 cites three instances which involved undocumented immigrants in crimes: a fatal car crash, a sexual assault and a rape, as justification. The order seeks to maximize Virginia’s “collaboration with the federal government to enforce immigration law in the Commonwealth of Virginia and using all available methods to facilitate the arrest and deportation of inadmissible and removable criminal illegal immigrants.”
The executive order directs the Virginia State Police, and the Virginia Department of Corrections to enter into 287(g) memorandums with ICE. The order also directs that every Sheriff or entity with a local jail be requested, by the Secretary of Public Safety & Homeland Security, to certify they will cooperate with ICE in all enforcement and removal operations under Section 287(g), which allows the Department of Homeland Security to delegate immigration enforcement duties to state and local law enforcement.