Arlington to ignore law aimed at illegals

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A new Virginia law targeting illegal aliens has been embraced as a powerful weapon to combat gangs and terrorism by local police departments, but Arlington County officials plan to ignore it.

The law, which takes effect July 1, permits local police to arrest any illegal immigrant who previously had been convicted of a felony and deported. Under current state law, police investigating a crime are not authorized to forcibly hold an illegal immigrant pending the arrival of a Bureau of Immigration and Customs Enforcement (ICE) agent.

A spokesman for Arlington County Police Chief M. Douglas Scott told The Washington Times that, rather than use the new arrest powers, the force likely will follow existing department policy that forbids immigration-related investigations.

The Arlington policy also discourages officers from checking a suspect's immigration status, despite evidence that illegal aliens are involved in the region's crime gangs and terrorist cells.

"The chief said that he would be reviewing the law, but he does not anticipate making any changes to our policy," spokesman Matt Martin said. "The law, as I understand it, only allows us to [make the arrest]. It does not mandate us to do it."

The Times first reported this month that Arlington is the only jurisdiction in the Northern Virginia suburbs that does not check the immigration status of residents receiving tax-funded county rent subsidies -- a breach that an ICE official said opens the door to terrorists.

In response, Arlington County Board Chairman Barbara Favola said enforcing immigration law is the responsibility of the federal government.

"It isn't my job," she said.

According to the police department's policy: "The enforcement of the nation's immigration laws is a primary responsibility of the federal government. Accordingly, the Arlington County Police Department shall not undertake immigration-related investigations and shall not routinely inquire into the immigration status of persons encountered during police operations.

"This prohibition does not preclude the department from cooperating with federal immigration officials when requested, or from notifying those officials in serious situations where a potential threat to the public is perceived," the policy states.