Immigration Enforcement in the City of Alexandria
The City of Alexandria believes in the rule of law and does not encourage or condone any type of unlawful activity. The City is also obligated by the U.S. Constitution to provide equal protection under law to everyone in its jurisdiction, and to apply its finite resources in a way that is fair and responsible given a wide variety of community needs.
In 2007, Alexandria City Council adopted a resolution affirming that Alexandria is a welcoming community that treats everyone with human dignity and respect. The resolution provided that "it is morally appropriate and fiscally prudent to focus our finite City resources towards addressing and resolving discrete community concerns that are governed by the applicable local laws," rather than attempting to assume the federal government's responsibility for immigration law.
The resolution set forth the following policies:
- The City of Alexandria will comply with all federal and state laws related to immigration, including those that involve eligibility for state and federal programs.
- The City of Alexandria will protect the security of its community and will aggressively prosecute individuals who threaten our security with serious crimes, including checking the immigration status of any such person and forwarding this information to appropriate state and federal officials.
- Beyond what is required by state and federal law, the City and its various agencies will neither make inquiries about nor report on the citizenship of those who seek the protection of its laws or the use of its services.
In 2016, City Council issued an additional statement to further declare Alexandria's commitment to fostering an atmosphere of inclusiveness that respects the dignity and worth of every person.
Frequently Asked Questions
Is Alexandria a sanctuary city?
There is no general definition of "sanctuary city," and individuals and organizations with various points of view on immigration issues have defined the term differently. The City of Alexandria complies with all federal and state immigration laws, it is not a "sanctuary jurisdiction" under any uses of the term that refer to violation of federal or state laws.
Can the City decline to comply with federal or state immigration law?
No. The Constitution of the United States provides that if a federal law is constitutional, it preempts any state or local law or policy. The Commonwealth of Virginia follows the " Dillon Rule," which holds that localities have only the powers granted to them by the state and may not enact laws or policies that conflict with state law. Thus, the City is obligated to comply with any constitutional federal or state law.
What is the City of Alexandria's relationship with ICE?
The U.S. Bureau of Immigration and Customs Enforcement (ICE) is a federal law enforcement agency within the U.S. Department of Homeland Security. ICE enforces federal laws governing border control, customs, trade and immigration. With more than 20,000 employees in more than 400 offices and an annual budget of approximately $8 billion, ICE is uniquely suited to carry out immigration enforcement. Local law enforcement agencies are responsible for enforcing hundreds of various state and local laws, and are not staffed to enforce federal laws including immigration.
Section 287(g) of the federal Immigration and Nationality Act permits state and local law enforcement agencies to enter into agreements with ICE to enforce federal immigration laws. The City of Alexandria does not have a "287(g) agreement," and does not enforce federal immigration laws. The few agencies nationwide that have these agreements are listed here.
The City of Alexandria’s law enforcement officers do not participate in ICE raids or arrests to enforce immigration laws. This applies to Alexandria police officers, deputy sheriffs and fire marshals.
The City of Alexandria does not provide ICE with any office space, facilities or equipment. The City of Alexandria will not dedicate any funds or accept any funds for immigration enforcement.
The City of Alexandria and the Alexandria Sheriff’s Office have an intergovernmental agreement with the federal government to temporarily house at the Adult Detention Center (ADC) federal detainees of the U.S. Marshals Service and the Federal Bureau of Prisons who have been charged with federal crimes. This agreement has been in effect since the ADC opened in 1987. ICE is not part of this agreement. ICE will never be allowed to house any individual arrested for violations of immigration laws. This will not change under any circumstances.
The Alexandria Sheriff’s Office is required by law to communicate with ICE. Please visit the Sheriff’s Office website for further information.
Does the City of Alexandria check immigration status when providing government services?
Subject to City Council's 2007 resolution, the City of Alexandria reviews immigration status when required by federal or state law. We do not request or review immigration status in other cases.
Students are admitted to Alexandria City Public Schools programs without regard to immigration status. The U.S. Supreme Court has ruled that is it unconstitutional for public schools to deny education to students on the basis of immigration status.
Does the Alexandria Police Department check immigration status in the performance of its duties?
The Alexandria Police Department is committed to protect the constitutional and civil rights of all citizens. Employees of this Department are required to treat all persons fairly and equally, with dignity and respect.
Alexandria police officers will only arrest an individual once a confirmation of an active criminal warrant is received through the National Criminal Information Center (NCIC) and the issuing law enforcement agency. APD officers will not arrest individuals based solely on administrative warrants or civil detainers for immigration status issues.
The APD will continue to evaluate and update policies to ensure that constitutional policing practices are the foundation by which we operate, representing democratic values and community expectations.
Does the Alexandria Sheriff's Office check immigration status in the performance of its duties?
The Alexandria Sheriff’s Office is required by law to communicate with ICE. Please visit the Sheriff’s Office website for further information