Arlington disappointed they can’t force ICE to stop wearing masks
The Arlington county Board has expressed frustration over its inability to regulate Immigration and Customs Enforcement (ICE) officers wearing masks or plainclothes during local operations. County legal officials clarified that federal agencies set thier own standards regarding officer identification, and the county lacks authority over these practices. Deputy County Attorney Ryan samuel explained that while Virginia state law requires officers to wear identifiable uniforms when making arrests, this does not apply universally to federal or certain transit authorities’ officers.
The board also discussed coordination and notification between local law enforcement and outside agencies, confirming that most notify Arlington Police prior to operations and generally identify themselves appropriately.
This issue comes amid Arlington’s decision to prohibit its police department from cooperating wiht ICE in arresting undocumented immigrants. The debate intensified after ICE detained David Cabrera, an illicit immigrant convicted of attempted rape and multiple deportations, who was released by the county due to lack of a signed judicial warrant.ICE officials and some board members raised concerns about public safety stemming from this policy.
Tensions rose during a board meeting between County Board Chairman Takis Karantonis and autonomous candidate Audrey Clement over the handling of ICE operations and public safety concerns. The board is currently facing multiple challengers in the upcoming November election.
Arlington County Board disappointed they can’t force ICE to stop wearing masks
Arlington County Board members expressed disappointment this week when county legal officials confirmed they have no authority over whether Immigration and Customs Enforcement officers wear masks while conducting local operations.
The newest board member, JD Spain Sr., expressed concern during a board meeting, questioning whether there are any repercussions for federal agents who wear masks or don’t wear uniforms while working in the county, which is located in Northern Virginia.
“The county is not able to regulate what federal officers are doing,” Ryan Samuel, the Deputy County Attorney, said. “Each individual agency can set their own standards for whether officers are plainclothes or masked. And so it’s up to each federal agency. There isn’t a general federal statute that governs it.”
Samuel said the regulation applies to public safety officers working on the Metro train system or the Washington Metropolitan Area Transit Authority.
“Generally, the county can’t regulate what State Police or WMATA are doing,” Samuel said.
The deputy county attorney went on to say that at the state level, the 19.2-78 code of Virginia requires officers to wear a uniform identifiable to a reasonable person while making arrests on the streets of the Commonwealth. However, WMATA has explicit authority to require its officers to wear plain clothes.
At the same meeting, board member Susan Cunningham asked Deputy Police Chief LaTasha Chamberlain if law enforcement agencies notify Arlington ahead of time when they plan to conduct operations in the county.
“Generally, agencies outside of Arlington will notify our communication center that they are here,” Chamberlain said.
“Can ACPD verify the credentials of other law enforcement members when they are in the county?” Cunningham asked.
“Law enforcement is really good about identifying themselves prior to us asking a question,” Chamberlain confirmed.
The questions come as the Arlington County Board voted in May to no longer allow the Arlington County Police Department to work with ICE and amid local outcry over ICE officers wearing masks while detaining people in the area.
At another recent meeting, things got heated when County Board Chairman Takis P. Karantonis, who is up for reelection, claimed to be “offended” by his opponent Audrey Clement, the independent candidate for county board, for her take on the ACPD’s inability to work with ICE to arrest illegal immigrants who have been deemed terrorists, found human trafficking, or have committed a felony.
Clement used her time to highlight comments made by acting ICE Director Todd Lyons to Fox News on the arrest of David Cabrera. Cabrera is illegally in the country and was arrested back in June for a probation violation and released on July 11 despite having an active ICE detainer.
“You have an individual that is the worst of the worst, someone convicted of rape, and we had the opportunity to deport him. We did deport him… and they don’t want to turn that individual over the right way,” Lyons said.
ICE agents detained Cabrera outside the Arlington County magistrate’s office. The Guatemalan pleaded guilty to the attempted rape of an Arlington teenager in 2014. Court documents Cabrera has been deported by ICE at least two times.
“Here you have an aggravated felon that’s been deported multiple times… and Arlington County is releasing him back into the community,” Lyons said. “To reoffend again. It’s just not right, and it doesn’t keep the public safe.”
The Arlington County Sheriff’s Office told local newspaper ARLnow that Cabrera was released because they hadn’t received a judicially signed warrant.
The Arlington County board’s vote in May prevents the Arlington County Police Department from contacting ICE to arrest illegal immigrants, no matter the claim or cause. Clement said she wished county officials would be more concerned about the community and the safety of their officers.
“While there is little sympathy for ice in the sanctuary, jurisdictions like Arlington County police should be concerned about their own safety,” Clement said.
“I feel personally, as an immigrant, offended by how insensitive your comment was,” Karantonis said, responding to Clement during the meeting.
“Don’t take hook, line, and sinker what you read on Fox News — this is blatantly misleading,” Karantonis said, never clarifying which statement he felt was incorrect.
ARLINGTON COUNTY BOARD IS ACTIVELY WORKING TO PREVENT POLICE FROM COOPERATING WITH ICE
“Please try to overcome the very large distance that separates you from the real people who are right now suffering under the enormous weight of a police state,” Karantonis said. “It actually feels like that on the street.”
Karantonis, a Democrat, will face Clement, Republican candidate Bob Cambridge (owner of Bob and Edith’s), and independents Jeramy Olmack and Carlos De Castro “DC” Pretelt in the Nov. 4 election.
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