La ColectiVA rallying near a U.S. Citizenship and Immigration Services Field Office in Fairfax County.

Julie Chang / WAMU

Update 10/3 10:17 a.m.

Fairfax County Police Chief Edwin Roessler has confirmed in an updated statement that the officer involved in the incident will return to full duty on Friday. “We have one of the best police forces in the U.S. and I have confidence that our officer will represent us well throughout his career,” the statement reads. “Our internal administrative investigation continues as prescribed by policy.”

Update 4:57 p.m.:

The Washington Post reports that the officer has completed remedial training and will be reinstated to the force on Friday. An official with the Fairfax County Police Department would not confirm this news to DCist.

Ken Cuccinnelli, the acting director of United States Citizenship and Immigration Services, suggested on Twitter Wednesday that officers should defy department policies and detain undocumented immigrants for ICE.

Original:

A Fairfax County police officer has been suspended after allegedly detaining a person at the scene of a traffic accident and turning them over to federal immigration officers, a violation of county policy.

“As a matter of full transparency to our community–-our police officer violated our longstanding policy and deprived a person of their freedom, which is unacceptable,” FCPD Chief Edwin Roessler said in a statement about the incident. “When I learned of this event, I directed an immediate internal investigation to look at all factors in this matter to ensure that all are held accountable for this violation.”

The officer has been relieved of all official duties pending the outcome of that investigation, per Roessler.

The incident happened on September 21 when the officer was at the scene of a traffic accident in Alexandria.

Roessler’s statement lays out the following account of events: One of the drivers involved in the accident couldn’t present a Virginia drivers license, so the officer searched the DMV database. The search revealed that Immigration and Customs Enforcement had a warrant out for the driver for missing an immigration hearing. The officer contacted the ICE agent listed on the warrant, who told the officer that agents were close by and on their way. The FCPD officer issued the driver a summons for driving without a license, but even after the driver had signed it, the officer detained the driver, who was not accused of any crime. ICE agents showed up and the officer facilitated a transfer of custody.

Since 2007, county policy has forbidden detentions like the one the officer allegedly carried out.

ICE released the driver three hours later with an ankle monitoring device three hours, per Roessler’s statement.

The county has suggested the officer did not understand that he was violating policy during the incident. “This is an unfortunate issue where the officer was confused,” Roessler told the Washington Post. “We have trained on this issue a lot. This is the first time we’ve had a lapse in judgment, and the officer is being punished.” Roessler also told the Post that the officer in question will have to undergo remedial training.

Fairfax County has walked a middle line on immigration issues, billing itself as friendly to immigrants but never declaring itself a sanctuary city. The Fairfax County Sheriff’s Department honored ICE detainers, meaning they held inmates for up to 48 hours after they would otherwise be released to allow ICE time to pick them up, until May of last year.

Immigration advocates say this latest incident increases mistrust between immigrant communities and police. “There’s a big challenge for the leadership of Fairfax County because [this incident] indicates that the immigrants in Fairfax County are not safe,” says Luis Aguilar, the director of CASA in Virginia, an immigrant advocacy group. Aguilar says the chief’s swift action in the matter is a positive sign, but it’s not enough.

“The chief made the first correct step in suspending the officer. The second correct step is firing this officer, because we need to communicate that this type of situation is unacceptable,” Aguilar says.

It’s not yet clear what punishment the officer may face. Roessler said in his statement that he understands the incident is damaging to the department’s relationship with community members.

“Our county is one of the most diverse counties in the nation and no one should have the perception that FCPD is acting as a civil immigration agent for ICE,” he said. “This matter damages our reputation and the longstanding policy that I have stated many times that our officers shall not act as immigration agents.”