Arlington County, Virginia, is drawing criticism for a new policy that allocates taxpayer funds to provide grants for families of undocumented immigrants whose primary wage earner has been detained or deported by Immigration and Customs Enforcement (ICE).
Former Acting DHS Secretary Chad Wolf and former acting ICE Director Jonathan Fahey have raised concerns that the county's program could potentially violate the federal "alien harboring" statute. This law prohibits actions that encourage or facilitate illegal immigration.
"If you look at the alien harboring statute -- do you do anything to encourage or induce people to either come illegally or that are illegally here to stay, that could be arguably a violation of the alien harboring statute?" Fahey told Fox News Digital. He suggested that providing funds to families in such situations "enables them to stay in the country illegally."
Fahey pointed to comments from Arlington County Manager Mark Schwartz indicating that many affected families are "unbanked," a detail Fahey interprets as the county being aware the funds are likely going to individuals unlawfully present in the U.S. and helping them remain. "That shows the county knows the money is going to be going to people that are illegally here and it will help them stay. So that's where I think the Alien Harboring Statute comes into play," Fahey stated, adding that the county exhibits "reckless disregard" for these circumstances.
The county plans to allocate $50,000, distributed through the nonprofit Arlington Thrive, with grants of up to $2,000 per family to cover basic needs and utilities. The policy passed with a 4-0 vote by the Arlington County Board of Supervisors.
This initiative follows a significant ICE operation in Maryland and Virginia that resulted in the arrest of 1,328 undocumented immigrants. The operation included an incident in Arlington where Jose Mejia Hernandez reportedly ran from ICE agents and was subsequently tased, leading to a brain bleed. Five regional federal Democrats endorsed an investigation into this encounter.
Arlington County Board Chair Matt de Ferranti stated that the county "is valuing the families of those that have been displaced and removed." Previously, de Ferranti had advised residents that county law prohibits law enforcement from interfering with federal immigration enforcement, but suggested calling 911 to report ICE sightings could help the county "pivot to pursu[ing] Arlington County’s law enforcement mission: preventing violence in our community."
An agency spokesperson for DHS criticized the county's action, calling it "insanity" and stating that "sanctuary politicians are taking Americans’ hard-earned tax dollars to reward illegal aliens who break the law."
Fahey argued that localities cannot create their own immigration laws, and Arlington's policy could have broader implications for adjacent areas, including the District of Columbia and other nearby cities and counties. He also countered arguments against deportation based on family separation, drawing a parallel to the separation families experience when an American citizen is arrested or jailed.