ICE Detains Man in Virginia Despite Sanctuary Policies
ICE lodged an immigration detainer in Loudoun County, Virginia, on August 20, 2026 — inside a state with sanctuary policies. The arrest exposed a gap that affects thousands of immigrants across the US: a local 287(g) agreement can make a county jail a direct partner of ICE, regardless of what the state says.
ICE lodged an immigration detainer in Loudoun County, Virginia, on August 20, 2026 — even though Virginia has sanctuary policies that many immigrants believed would limit local cooperation with federal immigration enforcement. The case shows that a 287(g) agreement between a local jail and ICE can override those protections at the county level.
What Is a 287(g) Agreement — and Why It Matters
A 287(g) agreement (named after a section of the Immigration and Nationality Act) allows a local law enforcement agency to act as an extension of ICE inside its jail. Under this arrangement, Loudoun County Adult Detention Center in Leesburg, Virginia, is required to honor ICE detainers — written requests asking the jail to hold a person for up to 48 hours after they would otherwise be released, so ICE can take custody. Acting ICE Director David Venturella confirmed that Loudoun County's sheriff's office cooperates with ICE under this agreement, and that ICE expects the detainer to be honored despite Virginia's broader sanctuary policies.
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This matters for any immigrant in Virginia — or any other state with sanctuary policies — who assumes that local law enforcement will not share information with ICE. Sanctuary policies typically apply at the state or city level. Individual counties can still sign 287(g) agreements, which create a direct pipeline to ICE. Before assuming you are protected, check whether the specific county jail where you could be held has a 287(g) agreement in place.
What to Do
- Check whether your county jail has a 287(g) agreement with ICE. The ICE website publishes a list of all active 287(g) partners. If your county is on that list, local arrest — for any reason — can trigger an immigration detainer.
- If you or a family member is arrested and you believe ICE has lodged a detainer, contact an immigration attorney immediately. You have the right to a bond hearing before an immigration judge, and an attorney can file for a stay of deportation (using Form I-246, Stay of Deportation) to pause removal while your case is reviewed.
- Do not ignore a detainer or assume it will go away. Once ICE takes custody after a local release, removal proceedings move quickly. The deadline to appeal a removal order is 30 days from the date the order is issued.
- If you are in removal proceedings and want to buy time to prepare your case, ask your attorney about voluntary departure — which can be granted for up to 120 days — or about filing a motion to reopen your case, which must be filed within 90 days of a final removal order.
What to do, step by step — see our guide “Your Rights During an ICE Encounter”.
Fishkin Law Firm, New York
A 287(g) agreement is one of the most direct paths from a local arrest to ICE custody — it bypasses the usual gap between local and federal enforcement. If you are undocumented or have an unresolved immigration case and you are arrested in a 287(g) county, you should treat it as an immigration emergency from day one: request an attorney before speaking to anyone, and have a lawyer ready to file a bond motion or a Form I-246 stay of deportation before ICE transfers you. Do not wait to see what happens — consult an immigration attorney the same day as any arrest.
Frequently Asked Questions
Does a sanctuary state protect me from ICE if I am arrested locally?
Not necessarily. Sanctuary policies are set at the state or city level, but individual counties can sign 287(g) agreements with ICE. If the jail where you are held has a 287(g) agreement, staff there can act as ICE agents and must honor immigration detainers — regardless of what the state policy says.
What is an ICE detainer and can I fight it?
An ICE detainer is a written request from ICE asking a local jail to hold you for up to 48 extra hours after you would normally be released, so ICE can take custody. You can challenge a detainer in court. An immigration attorney can file for a bond hearing before an immigration judge or submit Form I-246 (Stay of Deportation) to pause removal while your case is reviewed.
How long do I have to appeal a removal order?
You have 30 days from the date a removal order is issued to file an appeal. If you miss that window, you can still file a motion to reopen your case, but that must be done within 90 days of the final removal order. Both deadlines are strict — missing them makes it much harder to stop deportation.
What is voluntary departure and how does it help?
Voluntary departure lets you leave the US on your own instead of being formally deported. An immigration judge can grant up to 120 days for voluntary departure. Leaving voluntarily avoids a formal removal order on your record, which can make it easier to apply for a visa or green card in the future. Ask an immigration attorney whether you qualify.