Fairfax County’s Immigration Detainer Practices Under Scrutiny

The Fairfax County Sheriff’s Office in Virginia reportedly did not adhere to 1,670 immigration detainers issued by the U.S. Immigration and Customs Enforcement between 2023 and 2025. This led to criminal illegal immigrants being released into the community instead of being transferred to federal custody by ICE. This information is detailed in a new report from the House Judiciary Committee.

The interim staff report, accessed by Fox News ahead of its release by the Subcommittee on Immigration Integrity, Security, and Enforcement, also criticizes Fairfax County Commonwealth’s Attorney Steve Descano. It accuses him of handling cases of illegal immigrant defendants differently from American citizens to limit their immigration repercussions.

The report highlights how a single local jurisdiction, like Fairfax County, adopts policies enabling dangerous foreign nationals to reoffend and evade deportation.

Fairfax County Commonwealth’s Attorney Steve Descano and Sheriff Stacey Ann Kincaid recently testified before Congress. The report, overseen by House Judiciary Chair Jim Jordan and Subcommittee Chair Tom McClintock, states that these actions are typical of the modern, radical socialist Democrat Party, which aims to prioritize illegal alien criminals over law-abiding citizens of the U.S.

Committee findings included a review of over 1,100 criminal cases, uncovering over 100 previously unreported illegal immigrants who benefited from prosecutorial decisions made by Descano. The report highlights Descano’s office’s minimal pursuit of charges against illegal immigrants for crimes such as DUI, felony drug possession, grand larceny, shoplifting, fraud, trespassing, and assaulting a law enforcement officer.

Descano’s policy is said to have led to a form of decriminalization for certain offenses, with many defendants reoffending, sometimes escalating to violent crimes and murder.

The report titled “Fairfax County, Virginia: The Dangerous Consequences of Sanctuary Policies” also claims Descano provided misleading information to Congress regarding his policies.

It details the efforts of the Biden-Harris Administration to weaken Trump-era actions targeting sanctuary jurisdictions. It notes that starting April 2021, the Justice Department under the current administration stopped requiring jurisdictions to cooperate with ICE to receive federal funding.

Descano’s campaign website has indicated his office tries to avoid immigration consequences when possible, for minor offenses, considering the impact on legal permanent residents. The committee highlighted cases where charges were reduced or dropped, such as allegations involving sexual assault of a child reduced to a lesser charge and allowed a 90-day suspended sentence.

Fairfax County faced criticism following instances of violent crime committed by illegal immigrants, including the murder case involving Marvin Morales-Ortez, whose charges were dropped before his release and alleged murder of a man in Virginia.

Sheriff Stacey Kincaid linked the issue to the lack of prosecution, emphasizing the need for cohesive operations within the system to track defendants effectively.

Cheryl Minter, mother of Stephanie Minter, who was fatally stabbed, criticized the protective policies that shielded known threats. She warned of the risks posed by ignoring warnings.

The committee insists Fairfax County’s sanctuary policies compromise public safety and obstruct federal immigration enforcement. Descano has dismissed the allegations, denying favoritism in his office’s procedures.