Virginia County Ignored Over 1,600 ICE Detainer Requests, House Report Alleges

The Fairfax County Sheriff’s Office ignored at least 1,670 immigration detainer requests from U.S. Immigration and Customs Enforcement (ICE) between 2023 and 2025, according to an interim report from the House Judiciary Committee. The report alleges that the county released individuals with criminal records back into the community instead of transferring them to federal custody.

The report, issued by the committee’s Subcommittee on Immigration Integrity, Security and Enforcement, also accuses Fairfax County Commonwealth’s Attorney Steve Descano of treating undocumented defendants differently from U.S. citizens in similar situations to reduce immigration consequences. The committee concluded that these policies allow individuals to reoffend and avoid deportation.

"This interim report provides evidence of the ways in which just one local jurisdiction has implemented policies that allow dangerous foreign nationals to reoffend and avoid deportation," the report stated. It further characterized the policies as indicative of a “modern, radical, socialist Democrat Party that seeks to erase national borders and place illegal alien criminals ahead of law-abiding American citizens."

A preliminary review of more than 1,100 criminal cases reportedly identified over 100 undocumented individuals who benefited from Descano’s prosecutorial decisions. The report claims Descano’s office rarely pursued charges against undocumented immigrants accused of offenses including driving under the influence, felony drug possession, felony grand larceny, shoplifting, fraud, trespassing, destruction of property, and assaulting a law enforcement officer. The committee alleged that Descano’s office engaged in "de facto" decriminalization of some offenses, with many defendants subsequently reoffending, sometimes escalating to violent crimes.

The report, titled "Fairfax County, Virginia: The dangerous consequences of sanctuary policies," also asserts that Descano misled Congress regarding the scope of his policies. It notes that the Biden-Harris Administration changed policies, starting in April 2021, that no longer required cooperation with ICE as a condition for receiving federal grant funding.

During testimony before the committee in May, Descano stated that his office's policy was written "with legal permanent residents in mind for minor crimes." However, in a September letter, the committee said Descano acknowledged that prosecutors could consider immigration consequences in cases involving undocumented immigrants. Descano's campaign website had previously stated that his office would "make charging and plea decisions that limit or avoid immigration consequences" when possible, arguing that differing punishments based on immigration status amounted to a "perversion of justice."

The committee cited numerous cases where it claims criminal defendants received reduced or dismissed charges. One example involved a defendant accused of felony charges related to the sexual assault of a child, which prosecutors allegedly reduced to misdemeanor charges with a suspended jail sentence. The report also mentions a serial fraudster from China against whom more than 50 charges were dropped, and defendants accused of violent offenses who were allegedly allowed to "escape accountability and reoffend."

One case highlighted involved Marvin Morales-Ortez, an alleged MS-13 member whose charges were dropped before the Fairfax County Sheriff’s Office released him in December 2025. The report claims Morales-Ortez murdered a man in Reston, Virginia, the following day.

Fairfax County Sheriff Stacey Kincaid attributed the release of defendants to a lack of prosecution, stating, "When criminal defendants are prosecuted, authorities are better able to track court dates and monitor releases." Kincaid has also reportedly criticized the county’s prosecution practices, calling them "shameful."

The report also detailed the case of Stephanie Minter, who was fatally stabbed in February. The suspect, Abdul Jalloh, is an undocumented immigrant with over 40 prior charges in Fairfax County. The committee stated that Descano’s office had dropped charges against Jalloh in nearly all prior cases, and that police had warned prosecutors that Jalloh posed a significant threat.

Cheryl Minter, Stephanie's mother, testified that "a system failed my daughter" and that "when policies protect people who are a known threat, innocent lives are put at risk."

The committee concluded that Fairfax County’s policies "threaten public safety and undermine the safe and effective enforcement of federal immigration law." Descano has denied the allegations, stating that "the idea that [his office] favor[s] one group over another is completely wrong."