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The Arlington County Board approved a policy limiting police cooperation with federal immigration agencies despite continued concern from activists.

In response to criticism on the proposal, dubbed the “Trust Policy,” the County Board updated some sections ahead of the unanimous vote at its meeting yesterday (Tuesday). However, criticism from immigration advocacy groups remains.

Around 60 regional and national organizations endorsed a letter by La ColectiVA, National Immigration Project and the Legal Aid Justice Center opposing the policy. A handful of members from those groups attended the Board meeting, holding up a banner saying, “#ICE out of Arlington.”

“We continue to be extremely concerned that the Trust Policy is woefully inadequate when placing limits on Arlington County law enforcement’s collaboration with ICE,” the letter stated.

The main change to the policy that passed was the addition of a compliance provision, which was the result of community feedback, County Board member Matt de Ferranti said.

The county attorney will review all relevant warrants, court orders and subpoenas received by county government offices, other than the police department, to determine if compliance is required, according to the policy.

Department and agency heads are to investigate all alleged violations of the policy, while the Community Oversight Board will investigate alleged policy violations by the police. Findings from the investigations will go to the County Board. The Board will also receive reports from the police and the Sheriff’s Office on law enforcement contact with ICE.

The board added the compliance section because it illustrated the role of the Board and the County Manager in ensuring the policy would be fairly and uniformly applied, de Ferranti said.

Language was also added prohibiting police officers from asking people for their immigration status. And the policy now requires officers to get an approval to notify federal immigration authorities if they suspect someone they’ve arrested was breaking federal immigration laws.

Police officers may only contact federal immigration authorities after getting approval from the on-duty watch commander or a supervisor ranked lieutenant or above, under circumstances laid out in the Arlington County Police Directive Manual 523.04.

The circumstances include instances when an undocumented immigrant is arrested on a violent felony, a non-violent felony if specific facts of the case establish a threat to community safety, terrorism or human trafficking, street gang offenses, as well as those who have previously committed a felony or been deported.

“It makes it clear that an officer has to go up the chain of command,” de Ferranti said.

However, the policy’s affirmation of the police directive “places no meaningful controls on [police officers’] actions,” according to the letter from advocacy groups. The groups also criticized the policy for not ensuring people can provide a non-standard ID to access services and benefits, as well as to prove their identity when stopped for offenses.

The groups wanted the Board to put pressure on the Sheriff’s Office, which operates the county jail, to stop notifying ICE when undocumented immigrants are released from jail. Such collaboration between law enforcement and ICE led to “a breakdown of trust” in the migrant community, according to the letter. From January 2019 to October 2020, ICE arrested 104 people released from the Arlington County jail because of the collaboration, the letter said.

Despite criticism, the Board believed the trust policy is a step for Arlington to become an inclusive community.

“This does not transform Arlington overnight,” said Board member Christian Dorsey, who worked with de Ferranti on the policy. “It’s a necessary step, a vital prerequisite.”

Activists say a county proposal to prohibit police cooperation with federal immigration agencies in most circumstances doesn’t go far enough.

The proposed policy, dubbed the “Trust Policy,” is set to be discussed at this Saturday’s Arlington County Board meeting. The Board is scheduled to vote on the policy at its July meeting.

A group called Communities of Arlington Protected from Abuse by ICE (CAPA) believes the policy only codifies what already exists and doesn’t change police department policies that allow officers to ask and share citizenship information in certain circumstances. CAPA is made up of immigration advocacy groups Legal Aid Justice Center, La ColectiVA and the National Immigration Project of the National Lawyers Guild.

The proposed policy states that all county employees are forbidden to ask for or disclose an individual’s citizenship status, unless specifically exempted by current police department policy or required by state or federal law.

Under the policy, county employees would be prohibited from cooperating with federal immigration officials to enforce federal immigration laws, as well as using or lending county resources to help them access an individual’s identity information, help an investigation or enforcement of any federal program requiring registration based on citizenship status. They also cannot threaten others because of their citizenship status.

Moreover, the proposed policy would allow any resident to access government services without providing proof of legal presence.

Currently, the policy governing the relationship between the local police and federal immigration agencies like ICE is Policy 523.04 of the ACPD Directive Manual. It states that the the police department does not “conduct immigration enforcement investigations.” A police officer cannot ask about the citizenship status of a victim or a witness of a crime and cannot arrest somebody based solely on a suspected immigration violation.

However, when someone is arrested for a crime, a police officer can under reasonable suspicion notify a federal immigration agency of an individual’s citizenship status, according to the directive manual. The proposed policy will not affect this exception.

“Our primary concerns are the ways that the draft ‘Trust Policy’ continues collaboration between Arlington Police and ICE,” Director of the Immigrant Advocacy Program at the Legal Aid Justice Center Simon Sandoval-Moshenberg said in a press release.

The groups believe the proposed policy gives too much discretion to the police to cooperate with federal immigration agencies by not striking the exceptions listed in the current department policy.

“ACPD’s Directive does little to end ACPD’s collaboration with ICE, and instead gives police officers vast discretion to interrogate community members about their immigration status,” said the coalition. “Merely because those community members are suspected of certain criminal activity.”

The groups also criticized the proposed policy for not further regulating the Sheriff’s Office, which runs the county jail, or allowing individuals to use non-standard ID to access government services.

“The goals and aims of Arlington County’s Trust Policy cannot be achieved without ensuring that the Sheriff’s Office ceases its cooperation with ICE,” the groups said.

The groups urged the County Board to adopt the policy they drew up instead. In the CAPA policy, which includes similar provisions as in the proposed Trust Policy, people would be allowed to use non-government issued IDs to access government services and benefits.

The police department sought community input when drafting the current version of Policy 523.04, said ACPD spokeswoman Ashley Savage.

“Throughout late 2021 and early 2022, ACPD collaborated with community members, organizations and stakeholders and sought their input on an updated version of manual directive 523.04 Immigration Status and Access to Police Services, which was issued to all ACPD personnel on February 15, 2022,” she said.

Savage also pointed to a police fact sheet and public safety FAQ on the county’s website as additional resources residents can use.