Fairfax County, Virginia, supervisors say they will protect the rights of all people regardless of their immigration status and are calling on county leaders to end sanctuary policies for undocumented immigrants.
Fairfax County Sheriff Stacey Kincaid said in a letter that she would not honor ICE’s detention orders. Retrieved by WJLA ICE must obtain a judicial warrant to detain anyone, including violent criminals who are in the U.S. illegally.
Kincaid cited a 2015 opinion from former Virginia Attorney General Mark Herring that said ICE detentions are merely requests, as well as the Fourth Amendment right against unreasonable seizures and the 14th Amendment right to equal protection under the law through due process.
“A person’s status as a prisoner or an illegal immigrant does not diminish their right to be free from unlawful seizure or to have their rights to due process or equal protection,” the sheriff wrote.
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Fairfax County Sheriff Stacey Kincaid said she would not honor ICE detention orders. (Getty Images)
Fairfax County Supervisor Pat Herrity told WJLA that Kincaid’s “reliance on the attorney general’s letter is an excuse.”
“You’re obviously [Loudoun County Sheriff Mike Chapman] “We are doing that when it comes to honoring ICE detention orders and keeping our community safe,” he said. “I think residents expect the same from their sheriffs. I think they are neglecting their jobs because it is simply unacceptable, whether it’s a magistrate, a state’s attorney or a sheriff, for repeat violent criminals to be released into our communities. Violent criminals need to stay in prison or be taken out of the country.”
According to WJLA, Chapman said that if his officers arrest someone who is in the U.S. illegally, they will immediately notify ICE and will honor ICE detention orders.
Kincaid also said that in some cases, the courts and the State Attorney’s Office have granted bail to suspects charged with violent crimes.
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The sheriff said in some cases the courts and state prosecutors have granted bail to suspects charged with violent crimes. (Getty Images)
“In other cases, state prosecutors have chosen to dismiss charges altogether,” she wrote.
Herrity pointed to Fairfax County State Attorney Steve Descano’s record of saying U.S. citizens who are violent criminals are treated worse than illegal immigrants who are violent criminals.
Deskano Said His office will not cooperate with ICE on civil immigration enforcement, pledging to “improve community safety, increase confidentiality, restore trust, conserve limited resources, and ensure everyone has equal access to the protection of the law.”
“Prosecutors consider a variety of factors when evaluating each individual case and determining the best path forward to build community safety,” DA Descano’s office told WJLA in response to Kincaid’s letter. “Part of that job is to determine whether it would be inappropriate to move forward with a case due to the strength of the evidence, availability of witnesses, coordination with other charges the defendant may be facing, etc. The office’s bail policy instructs prosecutors to make detention/release recommendations based solely on dangerousness and flight risk and no other factors.”
Fairfax County Attorney Steve Descano said his office does not cooperate with ICE on civil immigration enforcement. (Getty Images)
Additionally, a trust policy passed by the Fairfax County Board of Supervisors in 2021 prohibits Fairfax County police from notifying ICE when an undocumented immigrant is arrested.
Herrity, who voted against the trust policy, said he wants the Board of Supervisors to repeal the policy.
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“I think it’s undermining the ability of police departments to actually do their jobs and get violent criminals off our streets. We’re no longer a part of the Northern Virginia Regional Gang Task Force because of the trust policy. It’s undermining their ability to do their jobs,” he said. “Everything that’s allowed to let violent criminals back into our communities, from the 2020 law to the state attorney’s and sheriff’s policies, needs to be reexamined.”
According to WJLA, the Fairfax County Sheriff’s Office jailed 725 illegal immigrants in the past year, but only three were transferred to ICE.
