A supervisor in Fairfax County, Virginia, is calling on county officials to abolish sanctuary policies for undocumented immigrants, as the sheriff asserts her commitment to upholding the rights of all individuals, irrespective of their immigration status.
Fairfax County Sheriff Stacey Kincaid expressed that she will not comply with ICE detainers, stating in a letter acquired by WJLA that ICE must secure a judicial warrant, even for violent offenders residing in the U.S. without legal status.
Kincaid references the opinion of former Virginia Attorney General Mark Herring from 2015, which clarifies that ICE detainers are merely requests. She also invokes the Fourth Amendment’s protection against unreasonable seizures and the Fourteenth Amendment’s guarantee of equal protection under the law and due process.
“An individual’s status as an inmate or an undocumented immigrant does not reduce their right to be free from unlawful seizure, nor does it strip away their access to due process and equal protection,” the sheriff stated.
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Fairfax County Sheriff Stacey Kincaid stated that she will not honor ICE detainers. (Getty Images)
Fairfax County Supervisor Pat Herrity expressed to WJLA that Kincaid’s reliance on the Attorney General’s letter is simply an excuse.
“You can clearly see [Loudoun County Sheriff Mike Chapman] adhering to ICE detainers and ensuring the safety of his community,” he remarked, advocating for Kincaid to do the same. “I believe our residents anticipate the same level of commitment from our sheriff. They are failing in their duties. Releasing repeat violent offenders back into our community—whether by magistrates, the Commonwealth’s Attorney, or the sheriff—is intolerable. We must either keep these violent offenders incarcerated or deport them.”
Chapman indicated that his office promptly alerts ICE when deputies apprehend individuals illegally in the U.S. and that he respects ICE detainers, as reported by WJLA.
Kincaid pointed out that in certain instances, both the courts and the Commonwealth’s Attorney have released suspects charged with violent crimes on bond.
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The sheriff remarked that the courts and the Commonwealth’s attorney have, in some instances, released suspects on bond after they were charged with violent crimes. (Getty Images)
“In some cases, the Commonwealth’s Attorney chose to nolle prosequi, or dismiss, the charges entirely,” she indicated.
Herrity, while addressing Fairfax County Commonwealth’s Attorney Steve Descano’s approach, pointed out that U.S. citizens who commit violent crimes are treated more harshly than undocumented immigrants who do the same.
Descano has affirmed that his office will not collaborate with ICE on civil immigration enforcement, emphasizing his dedication to “enhancing community safety, fostering confidentiality, restoring trust, optimizing limited resources, and ensuring equal protection for all under the law.”
“Prosecutors assess each case individually, considering various factors to determine the best course of action for community safety,” the office of Descano informed WJLA in response to Kincaid’s correspondence. “Part of this evaluation involves deciding when it may not be appropriate to proceed with a case, which can be influenced by evidence strength, witness availability, or coordination with other charges the defendant may face. The office’s bond policy directs prosecutors to make recommendations based solely on dangerousness and flight risk, without considering other factors.”
Fairfax County Commonwealth’s Attorney Steve Descano stated his office will not engage with ICE on civil immigration matters. (Getty Images)
Moreover, the Trust Policy, implemented by the Fairfax County Board of Supervisors in 2021, prohibits local law enforcement from informing ICE when they arrest individuals who are in the country unlawfully.
Herrity, who opposed the Trust Policy, expressed his desire for the Board of Supervisors to revoke it.
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“I believe it undermines our police department’s ability to effectively remove violent offenders from our streets. Due to the Trust Policy, we are no longer participating in the Northern Virginia Regional Gang Task Force, which significantly hampers their operational capabilities,” he asserted. “Every reason for releasing violent criminals back into our community must be reassessed, from the legislation passed in 2020 to the policies of the Commonwealth’s Attorney and the Sheriff.”
The Fairfax County Sheriff’s Office reported housing 725 undocumented immigrants in jail over the past year, yet only three were transferred to ICE, according to WJLA.
