Arlington’s top prosecutor is voicing opposition to a bill that would broaden requirements for federal law enforcement to detain undocumented suspects.
Commonwealth’s Attorney Parisa Dehghani-Tafti issued a statement today (Thursday) arguing that mandating detention of people charged, arrested or convicted for theft-related crimes under the Laken Riley Act would run contrary to public safety interests.
“The federal government already has the power to exercise discretion to detain people accused of crimes,” Dehghani-Tafti wrote. “Requiring federal detention for immigrants accused of even minor crimes, like single-digit dollar value theft, expands the trust gap between community and law enforcement, which ultimately results in less community safety.”
Dehghani-Tafti says she supports an amendment introduced yesterday by U.S. Sens. Tim Kaine and Mark Warner (both D-Va.).
This would require U.S. Immigration and Customs Enforcement (ICE) to detain undocumented immigrants only if they are convicted of certain crimes, not just charged with them. It would also apply to undocumented suspects who fail to appear for court appointments.
Dehghani-Tafti’s complete statement is below.
The federal government already has the power to exercise discretion to detain people accused of crimes – requiring federal detention for immigrants accused of even minor crimes, like single-digit dollar value theft, expands the trust gap between communities and law enforcement, which ultimately results in less community safety. This act will make victims less willing to report serious crimes, including domestic violence; it will make solving crime more difficult because witnesses will be less willing to come forward; and it incentivises false accusations of crimes by abusers, unscrupulous employers, and others. The criminal process must be allowed to resolve itself without interference from the federal government: prosecution of crimes is necessary to public safety, and if defendants are detained by ICE and deported, that leaves the community and victims without closure. The Laken Riley Act is not merely performative (which it is), it is counter productive and dangerous.
I urge Senator Schumer to insist on a vote on Senator Kaine’s amendment, as that amendment at least tries to solve some of the most glaring problems with the bill. But anything short of the Kaine amendment should be voted down by Democrats. We need to stand together — and we need to stand strongly — in favor of safety and justice. The Laken Riley Act accomplishes neither.
The Laken Riley Act is named after a 22-year-old nursing student murdered in February 2024 by a man living in the United States illegally. In addition to requiring detention of undocumented people suspected of burglary, theft, larceny or shoplifting, it would allow state attorneys general to sue the federal government over immigration policy decisions causing “harm, including financial harm in excess of $100.”
A proposed amendment would change the scope of the bill, requiring ICE to step in only after someone is convicted of theft-related crimes — or crimes involving serious bodily injury. It would remove the provision about attorneys general suing the federal government.
Kaine and Warner raised concerns similar to Dehghani-Tafti’s when introducing the measure.
“Americans have a right to be safe in their communities and — for many reasons — deserve commonsense steps to fix our broken immigration system,” Kaine said in a press release. “But in its current form, I have serious concerns that the Laken Riley Act — which did not receive a single hearing or vote from its committee of jurisdiction in the Senate — will burden our law enforcement officers in a way that will make it impossible to get truly dangerous individuals off the street and ultimately make Virginians less safe. ”
The Laken Riley Act passed in the House last week and advanced to the Senate for debate this week.
The Arlington County Police Department currently has limited power to contact federal authorities about undocumented immigrants. Following an Arlington County Board vote after Donald Trump’s re-election, local police can only initiate contact with ICE in contexts involving identified gang members and certain serious crimes.
The Board stopped short of declaring Arlington a sanctuary city and refusing to work with ICE at all, despite some protesters’ demands.
“The county must comply with federal and state laws and regulations, no matter what we may personally think about them,” then-Chair Libby Garvey said. “The trust policy makes clear that we will do what we can under law to make sure Arlington remains a safe and welcoming home to all — but it’s very important that everyone understands what we can and what we cannot do.”
