Comments At Arlington County Board Meeting, February 21, 2026.
The controversy over ICE operations in sanctuary cities—including Arlington–is mostly partisan with Democrats challenging the legality of ICE operations, and Republicans claiming that ICE is needed to enforce the law.
According to Google AI, “the authority for U.S. Immigration and Customs Enforcement (ICE) to arrest and detain immigrants, including those in the country illegally” derives from Title 8 of U.S. Code.
Title 8 is admittedly tough.
Section 1226(a) allows ICE to use an administrative warrant to detain immigrants pending determination of their removal status status. Section 1226(c) requires detention for those with serious criminal records.
Section 1357 enables ICE agents to detain illegals considered flight risks without a warrant. It also authorizes ICE agents to interrogate people about their immigration status.
Section 1231 requires the Attorney General to detain immigrants with removal orders until they are deported.
If ICE stops enforcing Title 8, it violates Article II of the U.S. Constitution, which requires the President to “take Care that the Laws [including Title 8] be faithfully executed”.
Under these constraints, local efforts to thwart ICE operations are unconstitutional—repeat unconstitutional. The only legal recourse is to lobby for legislation at the federal level to amend Title 8 of U.S. Code or repeal it entirely.
In the meantine to avert violence in enforcing Title 8, Arlington should cooperate with ICE to detain criminal illegals in the jails rather than releasing them to the streets. Otherwise it is abetting violence, as evidenced by the recent mayhem in Minneapolis, Chicago, Portland and L.A.