Arlington will not partner with U.S. Immigration and Customs Enforcement to aid them in enforcement operations, even if the partnership would come with federal dollars, Mayor Jim Ross told KERA News.
The city has good working relationships with federal law enforcement agencies but does not have the manpower or desire to get involved in civil law, Ross said.
"Immigration, absent criminal behavior, is handled in a civil immigration court, and we simply do not have the wherewithal to be able to participate in that type of endeavor," Ross said in a phone interview. "So we're not interested in trying to engage in the enforcement of civil immigration issues."
Police in Arlington declined an interview with KERA News about ICE, instead sending a written statement that the police department is “committed to serving and protecting the Arlington community, implementing strategies to reduce crime, and building positive relationships with our community members.”
The statement said Arlington police collaborate with regional, state and federal law enforcement, but did not include any specific mention of ICE or whether the department would entertain any requests for a partnership.
"The Arlington Police Department is committed to serving and protecting the Arlington community, implementing strategies to reduce crime, and building positive relationships with our community members," the department wrote in the statement. "We regularly collaborate with other regional, state, and federal law enforcement agencies as we work to achieve those goals and we deeply value the partnerships we’ve established with them."
While Arlington wouldn't be alone in rejecting a partnership with ICE, there are cities that have accepted. Houston made national headlines for deciding to cooperate with the agency at the same time Dallas received attention for declining.
The agreements see local law enforcement authorized to conduct federal immigration enforcement to assist ICE and other agencies. Keller's police department is one example.
Sheriff's offices across the state have also accepted those partnerships and, as of this year, do not have the right to decline under state law. Prior to the law going into effect, Tarrant, Denton, Ellis and Rockwall Counties' sheriffs were already in 287(g) agreements for immigration enforcement.
Tarrant County is trying to expand its cooperation with ICE — the commissioners court on Tuesday applied for a state grant that would support cooperation in federal immigration operations.
KERA News has filed an open records request for the department's policies regarding partnerships with federal agencies and any existing agreements between the department and ICE, Customs and Border Protection and DHS relating to immigration.
KERA also reached out to every city council member for comment.
Mauricio Galante, who represents District 1 on Arlington's council, agreed with Ross that Arlington police do not have the capacity nor the responsibility to enforce immigration law.
"Immigration is a federal matter," Galante said.
Himself an immigrant from Brazil, Galante said he supports ICE and efforts to deport undocumented immigrants who commit crimes but doesn't see any agreements for local police to support federal immigration in Arlington's future.
"This is a country of laws and we need to demand every person, citizen or not, inside the states to be law abiding and don't commit any crime," Galante said.
He said the United States needs to "address the elephant in the middle of the kitchen" through immigration reform but that it's "outside my scope, it's above my paygrade" and until laws are changed he will support federal enforcement operations. Arlington police just won't be part of them.
Bowie Hogg, the council member for District 7, said in an email he did not want to comment unless there was a specific proposal or active partnership.
"I want to emphasize that I am a firm supporter of law and order and believe in the importance of maintaining public safety," Hogg wrote in the email. "Without a formal proposal or specific details to review, I am unable to offer a definitive stance on the matter."
Long Pham, who represents District 6, responded with the same statement as Arlington police. Nikkie Hunter, the council member for District 3, forwarded the request to city staff who responded with the same written statement.
No other council members responded.
Arlington actively works with federal law enforcement to investigate crimes and arrested suspected criminal offenders, like collaborations with the U.S. Marshals Fugitive Taskforce and the Drug Enforcement Agency
"Our police investigate crimes, arrest criminals, aid our state prosecutors in prosecuting those criminals. And we'll continue to do that, and we'll continue working with our federal partners," Ross said. "But that's not what immigration issues are. Those in and of themselves are civil in nature."
But when it came to immigration enforcement, Ross compared Arlington police participation in such operations to its officers' involvement in enforcing evictions — it's something they don't do.
Ross said Arlington's involvement will be focused on enforcement of criminal law. As such, the department will not be involved in arresting undocumented immigrants unless they are accused of a non-civil crime.
"We're not interested in and trying to engage in the enforcement of civil immigration issues. It doesn't mean that we won't aid any federal partners in dealing with the enforcement of crimal matters, because we certainly do.”Jim Ross, Mayor of Arlington
Even if Arlington did have the desire to help any ICE operations in the city, Ross said the police department doesn’t have the personnel to make that happen.
"We don't have the police officers, no matter what the funding is," Ross said. "We don't the extra police officer to do that. We're not interested in participating in civil enforcement actions."
Gabe Rivas, a lifelong Arlington resident and member of Arlington Residents for Inclusion, said he was glad to hear that Arlington won't partner with Immigration and Customs Enforcement.
He agreed with Ross that Arlington does not have enough police officers to engage in immigration enforcement and said such a partnership could also prevent people from calling the police when they need them.
"It always has a freezing effect on the community's trust and willingness to report crime," said Rivas, who is also a candidate for Tarrant County commissioner for Precinct 2. "We don't wanna call for suspicious activity in our neighborhood if we're worried that when the police get there, they're gonna ask for everyone's papers."
Fear that Arlington residents who are not undocumented could be targeted because of their skin color or accent may increase the importance of the city representing its communities by declining to work with federal immigration enforcement, Rivas said.
"Any taxpayers, community, any residents should be able to trust their city government to protect them, but especially in a city where the minority community makes up the majority of the community," Rivas said.
Cities can say ‘no’
Jenny Carroll, a law professor at Texas A&M Law School, said cities and police departments have no obligation to accept a partnership with any federal agency, including ICE.
Arlington wouldn’t be the first city to reject a partnership with ICE. Cities across the nation, including Dallas, have made national headlines by doing just that.
Carroll said that while cities aren’t required to participate in immigration enforcement, there is always a risk of retaliatory action. Refusals could potentially result of a loss of grant funding or a higher deployment of federal agents in the city.
Still, she doesn’t think that will necessarily stop Texas cities from saying “no” to federal immigration enforcement partnerships.
“I say this as a native Texan: Texas has a strong tradition of independence from federal action,” Carroll said. “I think that this is part of who we are as a state and who we are as people. And so, it would seem odd to me if we didn't have both that expectation from our law enforcement and if our law reinforcement didn't do that.”
Police have a duty to intervene
Whether they accept or reject a partnership with ICE, Carroll said local police aren't allowed to turn a blind eye should federal agents break the law or violate anybody’s constitutional or civil rights.
“I would argue they have a duty to step in and protect their citizens and enforce their state law and that this is no different than if a state actor or a police officer witnessed a random person walking up and kidnapping someone or beating someone or shooting someone,” Carroll said. “We would expect that police officer to at a minimum intervene and investigate what exactly was going on.”
If local police officers did arrest a federal agent for actions committed during an operation, the next steps could still be complicated. Those agents could claim immunity from criminal prosecution for actions committed while performing federal duties.
Ross, who is himself an attorney and former police officer who worked on a DEA taskforce while a cop, said Arlington police will work to protect anyone in their jurisdiction.
""There are numerous issues and trying to enforce Texas crimes on a federal agent operating under the color of law federally. That would be very, very difficult as the police departments in Minnesota have seen as well," Ross said.
A source of national tension
Federal agents have shot and killed at least four people in immigration enforcement operations since Trump retook the Oval Office.
The Minneapolis killings of Renee Good and Alex Pretti, both 37 and both called "domestic terrorists" by the Trump administration, have sparked protests and calls for ICE to be dramatically changed or abolished.
Pretti, who was carrying a concealed handgun, was accused of brandishing it and using it to threaten federal agents. Video of the events leading up to his killing appear to show a federal agent remove the weapon from Pretti’s waistband and walk away before he is shot by other agents. The video does not appear to show the weapon in his hand at any point.
Local and state investigators in Minneapolis have been denied access to evidence in Pretti and Good's deaths.
Trump argued after Pretti’s death that Americans “can’t have guns, you can’t walk in with guns.” His statement drew backlash from the National Rifle Association and several prominent Republicans.
That pressure from conservatives wasn’t entirely surprising, including from Gov. Greg Abbott, Carroll said.
Abbott said after Pretti’s death that the federal government should “recalibrate” its approach to immigration enforcement.
Editor's note: This story has been updated to clarify a comment by council member Mauricio Galante regarding ICE deportations.
Got a tip? Email James Hartley at jhartley@kera.org. You can follow James on X @ByJamesHartley.
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