"I do not support or condone the way ICE has been enforcing immigration law in the community. That is why, as I have said many times, the Alexandria Sheriff’s Office does not and will not conduct immigration enforcement in our community while I serve as Sheriff.  

We do not, and have never, arrested or detained anyone in the community based on their immigration status and we do not allow ICE to house individuals in our jail for violations of immigration law.

When former Virginia Governor Glenn Youngkin demanded cooperation with ICE through 287(g) agreements, I refused to participate. I also fully support Governor Abigail Spanberger’s decision to reverse that policy and refocus law enforcement resources on core public safety responsibilities.

As Alexandria’s Sheriff, I remain committed to keeping our community safe while following well-established federal and state laws governing immigration and law enforcement responsibilities."

-Sheriff Sean Casey

The Code of Virginia makes it unmistakably clear that sheriffs and local law-enforcement agencies must cooperate with federal partners, including ICE, but also protect undocumented individuals who are victims of crimes. These statutory requirements, established by the General Assembly, reflect Virginia’s commitment to public safety and to maintaining essential communication between state and federal law enforcement.  

These laws include:

Citizenship Determination Requirements

• Code of Virginia §§ 19.2-83.2 and 53.1-218 require all sheriffs to ask citizenship questions of individuals arrested on felony charges and to share that information with ICE as outlined in those statutes.  

Fingerprint Transmission

• During the booking process for all inmates, fingerprints are automatically sent to the state’s criminal records database as required by Virginia law. This database is connected to state and federal law-enforcement systems, meaning agencies including ICE have access to the fingerprint information once it is submitted. The Sheriff has no control over this.  

Transfer of Custody to ICE

• Under Code of Virginia § 53.1-220.2, Sheriffs have legal authority to transfer custody of an inmate to ICE. This law permits the transfer of custody up to five days prior to the release date. The word “may” in the statute refers only to the timing of the transfer, not whether the transfer occurs.  

Probation-Related Citizenship Reporting

• Code of Virginia § 19.2-294.2 requires probation or parole officers to inquire about citizenship when an individual is convicted of a felony in circuit court and referred for supervision. If the person cannot provide proof of U.S. citizenship, the officer must report this to the Virginia State Police.

Custody Transfer for Serious Felony Convictions

• Code of Virginia § 53.1-220.1 authorizes federal immigration authorities to assume custody of non-citizens convicted of certain serious felonies, such as violent crimes or major drug offenses, after the required notifications under Virginia law have been completed and the state has approved the transfer.
• Code of Virginia § 53.1-219 requires court clerks to provide federal immigration authorities, upon request, certified copies of key case documents, such as the complaint, indictment, judgment, and sentence, when a non-citizen is committed to a correctional facility for a felony.

Immigration Enforcement

• Code of Virginia § 19.2-81.6 authorizes Virginia law enforcement officers to enforce certain federal immigration laws under specific circumstances in the community.  

Protection for Crime Victims and Witnesses

• Code of Virginia § 19.2-11.02 prohibits law-enforcement officers from asking about the immigration status of crime victims or witnesses—and parents or guardians of minor victims or witnesses—during the reporting, investigation, or prosecution of a crime. Officers may inquire only if the parent or guardian is themselves suspected, charged, or investigated for a crime against the minor, or when immigration-status questions are necessary to enforce specific firearm and extortion statutes listed in the law.

When an individual is arrested in Alexandria by police for a criminal offense, they are taken to the Alexandria Adult Detention Center (ADC), also known as the Alexandria jail, to appear before a magistrate. If the magistrate issues a warrant of arrest, the individual is placed in the custody of the Alexandria Sheriff’s Office and becomes an inmate. 

Virginia law requires sheriffs to communicate with ICE regarding inmates in our custody who have been charged with crimes. Please see the What does Virginia law say about immigration? FAQ for information about this mandatory notification process. After receiving notification, ICE may determine whether it wants to assume custody of an inmate. If ICE chooses to do so, it must issue a lawful federal arrest warrant. Please see the Can ICE issue federal arrest warrants? FAQ for more information.

If a lawful federal arrest warrant is issued and provided to the Sheriff’s Office, the Office is put on formal notice that ICE intends to seek custody of this inmate. As a result, the warrant is entered into the jail management system, and staff are notified of it when the individual is scheduled for release.

ICE may obtain a federal arrest warrant for violations of federal criminal law by applying to a judge or other judicial authority. In addition, ICE has statutory authority, granted by Congress, to issue administrative arrest warrants for civil violations of federal immigration law.

The authority for ICE officers to arrest and detain individuals suspected of committing immigration violations is explicitly derived from federal law. The I-200 (Warrant for Arrest of Alien) and the I-205 (Warrant of Removal/Deportation) are administrative arrest warrants issued by ICE. These warrants authorize ICE officers to arrest or take custody of an individual for violations of federal immigration law.

• The I-200 is derived from federal statutory authority, which can be reviewed here.
• The I-205 is derived from federal statutory authority, which can be reviewed here.

When the I-200 is Issued

An I-200 is issued when U.S. Immigration and Customs Enforcement (ICE) has probable cause to believe that a person is removable (deportable) from the United States under federal immigration law.

When the I-205 is Issued

The I-205 is issued after an I-200 has been issued and only after an individual has been legally ordered removed by:

• an immigration judge in exclusion, deportation, or removal proceedings
• a designated immigration official in limited circumstances
• the Board of Immigration Appeals
• a United States District Court or Magistrate Judge

The I-205 indicates that all appeals or protections have been resolved and ICE now has full authority to physically deport the individual.  

Both the I-200 and I-205 are legally valid federal administrative arrest warrants. These warrants authorize a lawful arrest by ICE and provide a clear and lawful basis to transfer an inmate to ICE custody. Knowingly interfering with, obstructing, or disregarding these warrants may subject an individual to criminal liability under federal law.

For example, in December 2025, a federal jury convicted a Milwaukee County Circuit Court judge of felony obstruction of a federal proceeding, in violation of 18 U.S.C. § 1505. The charges stemmed from the judge’s refusal to honor a federal administrative warrant for a defendant in her court. After ICE agents provided the judge with formal notice of their intent to arrest the defendant, pursuant to the valid federal administrative warrant, the judge falsely asserted that the warrant was insufficient and refused to allow the agents to take him into custody. Rather, she directed the agents away from the courtroom and facilitated the defendant’s exit to evade a lawful arrest by ICE agents.  

The judge subsequently resigned under threat of impeachment and faces a potential sentence of up to five years in federal prison. This case underscores that public officials who obstruct lawful federal immigration enforcement may do so at significant personal legal risk. 

Only individuals who have been lawfully committed to the Alexandria Adult Detention Center (ADC) for a violation of state or criminal law are transferred to ICE custody pursuant to a valid federal arrest warrant. Such warrants are a federal administrative arrest warrant issued by ICE or a criminal warrant issued by a judicial authority at ICE’s request; both constitute a lawful basis for a transfer of custody to ICE. 

The transfer process begins when an inmate becomes eligible for release. Alexandria Sheriff’s Office staff initiate the standard release process, which includes determining whether any law enforcement agency, including ICE, has filed a valid arrest warrant. If a qualifying warrant exists, the issuing agency is notified immediately and may assume custody of the individual. 

All transfers to ICE, or to any other law enforcement agency, are conducted promptly, professionally, safely, and in full accordance with the law. For more information about the release process, including how it applies to ICE transfers, please see the How does the inmate release process work? FAQ. 

This process is not new and has been in place for many years. It is consistent with state and federal law, a longstanding City Council resolution, and the Alexandria Sheriff’s Office’s obligations under its current federal contract with the United States Marshals Service (USMS). 

In 2025, a total of 2159 individuals were arrested for committing crimes in Alexandria and brought to our jail. Of those, ICE assumed custody of 54, or approximately 2.5%.

Following are the number of inmates transferred to ICE in recent years:

2012 – 147
2013 – 119
2014 – 96
2015 – 50
2016 – 56
2017 – 105
2018 – 121
2019 – 89
2020 – 35
2021 – 11
2022 – 12
2023 – 33
2024 – 43
2025 – 54

A list of of the local charges for all inmates transferred from 2022 through 2025 is available here.

The Alexandria Sheriff’s Office maintains a long-standing contract with the United States Marshals Service to house up to 150 pre-trial federal inmates. ICE is not part of this contract. Sheriff Casey ended the Alexandria Sheriff’s Office’s agreement that ICE had through our federal contract to hold individuals in our jail for violations of immigration law.  

Our current federal contract generates $7,327,740 in annual revenue, which accounts for 20% of the FY26 Sheriff’s Office’s $35,853,541 budget.

The contract explicitly requires that the Alexandria Sheriff’s Office “shall comply with Congressional mandates, federal laws, Executive Orders, and all existing William G. Truesdale Adult Detention Center policies.”  

On May 28, 2025, this contract was renewed with the consent of the City. At the time of renewal, both the Sheriff’s Office and the City were aware of the contract’s requirements, including the provision cited above, and that the Sheriff’s Office was operating in compliance with those requirements. No direction, request, or instruction was provided to the Sheriff’s Office by the City to alter or discontinue the Sheriff’s Office’s existing lawful practices related to those contractual obligations.

The Sheriff’s Office is currently in full compliance with all applicable legal and contractual obligations. Discontinuing the transfer of inmates to ICE pursuant to a lawful administrative federal arrest warrant would place the Sheriff’s Office out of compliance with federal law and in violation of this Executive Order.

Consequently, the contract could be subject to termination, resulting in a significant loss of revenue for the City, necessitating a substantial reduction in the Sheriff’s workforce, and potentially leading to the eventual closure of the Alexandria Detention Center. 

It is important to understand that there is no single, fixed “release time” for inmates. Once an inmate is given a release date by a judicial authority, the release process begins. This process is extensive and involves multiple layers of staff supervision and administrative review and takes multiple hours to complete. This release date is also fluid. It can extend to the following date given when it was issued, the location of the inmate, the current conditions of the jail such as staffing, medical emergencies, etc., and the multiple steps required to ensure that no inmate is released improperly.

A critical part of the release process is determining whether any law enforcement agency, including ICE, has filed a valid arrest warrant authorizing them to take custody upon the inmate’s release. If such a warrant exists, our staff is required to notify that law enforcement agency immediately. It is then up to that agency to decide whether to take custody of the individual.

In cases involving a lawful federal administrative arrest warrant issued by ICE, ICE must assume custody of the inmate within eight hours of notification. This timeframe aligns with the standard release-processing period on the inmate’s scheduled release date and fulfills the Sheriff’s Office’s legal obligation to effectuate a lawful transfer of custody to ICE.

If ICE, or any other agency, does not take custody within the legally required amount of time to effectuate a transfer of custody, the individual is immediately released from custody.

"As Sheriff, I am required under the Code of Virginia to follow and enforce the law. Following the law is not optional, it is mandatory. I do not have the authority to refuse to follow legal procedures established by state law or by Congress. My actions and policies must remain consistent with these legal mandates.

Accordingly, I adhere to well-established federal and state laws governing immigration as they apply to individuals in our custody at the Alexandria Detention Center. I cannot willfully or knowingly impede or obstruct the enforcement of these laws by disregarding or overlooking them. That is why once the Sheriff’s Office receives formal notice from ICE of its intent to assume custody of an inmate pursuant to a lawful federal administrative arrest warrant, we are obligated to transfer custody in accordance with the law.

Further, I am not aware of any lawful justification, or basis, to deliberately disregard a valid federal administrative arrest warrant. Jurisdictions where law enforcement agencies have refused to transfer inmates to ICE custody based on a lawful federal administrative arrest warrant and instead released them back into the community, have experienced some of these same individuals reoffending and being arrested for committing new serious and violent crimes, including murder and abduction. I cannot and will not subject our community to such inherent risk.

In addition, failure to comply with these legal requirements would place the Sheriff’s Office in violation of its contractual obligations with the federal government. Such noncompliance could result in termination of the contract, thereby subjecting the City to the loss of significant revenue, necessitating substantial workforce reductions within the Sheriff’s Office, and potentially leading to the closure of the Alexandria Detention Center.

Lastly, any challenge to, or change in, these legal requirements must be addressed through the courts or the legislative process—not by asking a Sheriff, who is sworn to uphold the law, to disregard it."

-Sheriff Sean Casey

In 2015, the Virginia Attorney General issued an opinion concluding that a sheriff should not hold an inmate in jail for an additional two days to allow ICE additional time to assume custody of them. The request to hold the inmate for up to two additional days came in the form of an ICE detainer (Form I-247A). The Attorney General advised that the inmate should be released to ICE on their scheduled release date and not held an additional two days in jail.

The Attorney General was explicit: the opinion applied only to the issue of holding someone beyond their release date based on a detainer. It did not address, question, or limit the validity of federal administrative arrest warrants issued by ICE., nor did it apply to the transfer of custody pursuant to those warrants.

In fact, when Virginia sheriffs met with the Attorney General’s Office in 2018, the Office affirmed that the opinions applied exclusively to detainers. They made clear that nothing in those opinions changed the practice of transferring custody to ICE based on valid federal administrative arrest warrants, and they expected that such transfers would continue.

As a result, no Virginia sheriff ceased transferring custody to ICE based on lawful federal administrative arrest warrants, in 2015 or 2019 immediately following issuance of these AG opinions. What did change was that many sheriffs ensured all transfers occurred on the individual’s release date, consistent with the Attorney General’s guidance.

To be clear, the Alexandria Sheriff’s Office does not transfer custody of inmates to ICE based on a detainer (I-247A) and we do not hold inmates two additional days so that ICE can assume custody of them.

The relevant Attorney General opinions can be found here (Op. Va. Att'y Gen. No. 14-067, Jan. 5, 2015), here (Op. Va. Att'y Gen. No. 16-045, Apr. 2019), here (Op. Va. Att'y Gen. No. 18-050, Apr. 2019), and here (Op. Va. Att'y Gen. No. 24-031, Sept. 5, 2024).

The majority of sheriff’s offices in Virginia transfer custody of inmates to ICE upon receipt of a lawful federal administrative arrest warrant.

Since 2022, the Arlington and Fairfax County Sheriff’s Offices have disregarded federal administrative arrest warrants from ICE. They require ICE to provide a judicial warrant (i.e., a federal criminal arrest warrant issued by a judicial authority) in order to transfer custody of an inmate ICE already has provided a valid federal administrative arrest warrant for.

It is important to note that neither Congress nor the Commonwealth of Virginia has established a process, requirement, or expectation directing ICE to obtain a judicial warrant before taking custody of an inmate for civil immigration violations. Nor is the Alexandria Sheriff’s Office aware of any lawful justification for disregarding a valid federal administrative arrest warrant.

As a result, the Alexandria Sheriff’s Office continues to transfer inmates to ICE pursuant to lawful federal administrative and judicial arrest warrants, in full compliance with state and federal law, consistent with our commitment to public safety, and in accordance with our contractual obligations with the federal government.

The Attorney General’s opinion advised Sheriffs against detaining individuals for an additional two days solely based on an ICE detainer (Form I-247A), which we do not do. Some critics contend that this decision pertains to the procedures for allowing ICE to take custody of an individual. It does not.

This legislation grants Sheriffs the discretion to authorize early transfers of custody, enabling ICE to assume custody of individuals up to five days prior to their scheduled release date. The term “may” indicates that this early transfer is optional, countering any misinformation to the contrary. The statute’s intent is to provide for the potential early release to ICE, with the expectation that such a transfer would occur.

The claim that a judicial warrant is required for ICE to assume custody of an inmate is legally unfounded. Neither Congress nor the Commonwealth of Virginia has established any process, requirement, or expectation directing ICE to obtain a judicial warrant before taking custody of an individual on civil immigration violations. To the contrary, Congress expressly authorized the use of federal administrative arrest warrants for this purpose and delegated the authority to issue them to immigration officers, it did not create, and has never created, a mechanism for ICE to obtain a judicial warrant for civil immigration arrests. The absence of such a mechanism is not an oversight; it reflects deliberate Congressional intent. Had Congress wished to require judicial authorization for civil immigration custody, it would have expressly said so and established the process to obtain it. Demanding a form of legal process that does not exist is not a procedural safeguard, it is a functional prohibition on adhering to federal law dressed up as one.

The federal administrative arrest warrants ICE issues, (Form I-200), authorizing arrest of individuals suspected of immigration violations, and (Form I-205), authorizing removal of individuals with a final order of removal, are lawful instruments that operate similarly to other arrest warrants. They are issued upon a finding of probable cause by an authorized immigration officer, they identify the subject by name, and they provide the legal authority for detention pending removal proceedings. Requiring something more imposes an obligation that has no basis in federal statute, federal regulation, Virginia law, or any judicial decision.

It is also worth noting that imposing a criminal warrant requirement would carry serious unintended consequences for the individuals concerned. A criminal warrant, unlike a civil administrative arrest warrant, arises from a criminal charge and can result in a criminal record, prosecution, and possible incarceration.