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Federal immigration officials have started making arrests inside the Fairfax County Courthouse this month, a shift from previous practices that could make people reluctant to go to court, according to an attorney in the Northern Virginia suburb.
Dawn Butorac, the county’s chief public defender, said U.S. Immigration and Customs Enforcement officers have been “coming to the courthouse to arrest people when they show up for their court cases.” It appeared to be happening more frequently last week, she said, and they’ve been making arrests inside for about the last month.
NBC Washington first reported on attorneys’ concerns about the increased presence of immigration officers at the courthouse.
“This type of ICE presence in and around the courthouse has never been like this,” said Butorac, who’s served as a public defender in Fairfax for over two decades.
In some cases, the officers wait outside the nearby jail for when people are released on bond, Butorac said. But they’re also appearing “when they know people might have court cases — that could be traffic infractions, that could be traffic cases, it could be felony charges, and they’re showing up to arrest people.”
In a statement, a spokesperson for the Fairfax County Sheriff’s Office said the department is aware ICE made two arrests inside the courthouse on July 21. The agency doesn’t keep records of when and where immigration officials make arrests, the statement said, but “to our knowledge, these are the only arrests that have occurred inside of the courthouse building by ICE.”
Until July 21, the statement said, ICE would generally make arrests outside of the courthouse.
Butorac said sheriff deputies have been escorting ICE agents through the courthouse to specific courtrooms in order to help them find people they want to arrest.
“This actively assisting, walking through the courthouse with them, being with them when things are happening, that is new and shouldn’t be happening,” Butorac said.
The sheriff’s office, meanwhile, said it doesn’t assist ICE in making arrests, and that there hasn’t been a change to department policy.
The increased ICE presence, Butorac said, “adds a layer of making people afraid to come to court, and that includes everyone. That includes not only the people who are looking to have their cases resolved, but also people who might be victims of crimes. They might not want to come to court. People might not want to report crimes because they’re afraid of all law enforcement.”
The agents making the arrests, she said, haven’t displayed a warrant before taking people into custody. There have also been cases in which people have told officers they’re in the U.S. legally and have been charged with but not convicted of a crime, “which would be the thing that then would take away their status, and (their cases are) not being finished, and they very likely could never be resolved,” she said.
The circumstances, Butorac said, are creating a “due process problem.”
Attorneys are more aware and monitoring whether immigration officials are in the courthouse and are frustrated because, “We all have a stake in the system running fairly, and everybody’s matter being resolved and they’re not getting done.”
In the case of clients, Butorac said anecdotally, “You just see the fear that our clients have, and the greater risk they’re taking when making decisions about how to resolve their case.”
WTOP has contacted ICE for comment.
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