Immigration Detainers Ignored in Fairfax County, Virginia

The Fairfax County Sheriff’s Office in Virginia ignored more than 1,670 immigration detainers from U.S. Immigration and Customs Enforcement (ICE) between 2023 and 2025. According to a report by the House Judiciary Committee, these actions resulted in the release of criminal illegal immigrants into the community, instead of transferring them to federal custody.

The interim report was obtained by Fox News before its release by the Committee’s Subcommittee on Immigration Integrity, Security, and Enforcement. Fairfax County Commonwealth’s Attorney Steve Descano is accused of treating illegal immigrant defendants differently than American citizens, to limit their immigration consequences.

The report highlighted that Fairfax County’s policies have allowed dangerous foreign nationals to reoffend and evade deportation. House Judiciary Chair Jim Jordan, R-Ohio, and Subcommittee Chair Tom McClintock, R-Calif., noted these policies have negative and lasting consequences for Americans.

Fairfax County Commonwealth’s Attorney Steve Descano and Fairfax County Sheriff Stacey Ann Kincaid testified before Congress. (Tom Williams/Getty Images)

The report accused Fairfax County and prosecutor Steve Descano of being indicative of a modern, radical, socialist Democrat Party that prioritizes illegal alien criminals over law-abiding American citizens. The supported sanctuary policies are believed to have harmful impacts, and the Committee plans to oversee these policies to inform possible legislative reforms.

A preliminary review of over 1,100 criminal cases identified more than 100 previously unreported illegal immigrants benefiting from Descano’s prosecutorial decisions. Descano’s office seldom pursued charges against illegal immigrants accused of crimes, such as driving under the influence or felony drug possession. The Committee argued that Descano’s office de facto decriminalized some offenses, leading defendants to reoffend, sometimes moving to violent crimes and murder.

The report, titled “Fairfax County, Virginia: The dangerous consequences of sanctuary policies,” alleged that Descano misled Congress about his policies’ scope. It stated that the Biden-Harris Administration weakened Trump Administration efforts to hold sanctuary jurisdictions accountable by dropping federal litigation and no longer requiring jurisdictions to cooperate with ICE as a condition for federal grant funding.

During a May committee testimony, Descano stated his policy targeted legal permanent residents for minor crimes. Yet, a September letter from the committee pointed out that prosecutors could consider immigration consequences for illegal immigrant cases as well.

Descano’s campaign website previously noted that his office would make charging and plea decisions to avoid immigration consequences whenever possible. He argued that disparity in punishment between citizens and immigrants is a perversion of justice.

The committee cited various cases where criminal defendants benefited from reduced or dismissed charges. In some instances, felony charges involving sexual assault of a child were allegedly reduced, resulting in a suspended sentence. Descano’s office dropped more than 50 charges against a serial fraudster from China, among other examples.

One prominent case involved Marvin Morales-Ortez, an alleged MS-13 member whose charges were dismissed. He was released by the Fairfax County Sheriff’s Office and allegedly committed murder the next day.

Fairfax County Sheriff Stacey Kincaid criticized the lack of prosecution, emphasizing the need for a coordinated system to monitor defendants. Kincaid and others have previously expressed dissatisfaction with prosecutorial practices.

Virginia mom Cheryl Minter’s daughter, Stephanie, was fatally stabbed by an illegal immigrant. Minter is leading efforts to recall Descano.

The report illustrated the case of Stephanie Minter’s murder. The suspect, Abdul Jalloh, had more than 40 prior charges, with many dismissed by Descano’s office. Authorities had warned about Jalloh, anticipating future offenses.

Cheryl Minter, Stephanie’s mother, spoke to the committee, stating that when policies protect known threats, innocent lives are jeopardized.

Descano has rejected the allegations, asserting that his office does not favor any group over another.