A supervisor in Fairfax County, Virginia is calling for the removal of sanctuary county policies for illegal immigrants, as Sheriff Stacey Kincaid refuses to honor ICE detainers. Kincaid asserts that ICE must obtain a judicial warrant for all individuals, including violent offenders who are in the U.S. illegally. She cites legal opinions that ICE detainers are only requests and emphasizes that all individuals have the right to due process and equal protection under the law. Kincaid’s stance has been criticized by Supervisor Pat Herrity, who believes that the sheriff’s approach is endangering the community by releasing violent offenders.
Herrity points to Loudoun County Sheriff Mike Chapman as an example of prioritizing public safety by honoring ICE detainers. Chapman immediately notifies ICE when deputies arrest individuals who are in the U.S. illegally and works collaboratively with federal immigration authorities. In contrast, Kincaid notes that the courts and the Commonwealth’s Attorney have released suspects on bond after charges for violent crimes or dismissed charges altogether. Herrity expresses concern that U.S. citizens who are violent offenders are being treated worse than illegal immigrants who commit similar crimes.
Fairfax County Commonwealth’s Attorney Steve Descano has taken a stance against working with ICE on civil immigration enforcement, emphasizing the need to promote confidentiality, restore trust, preserve resources, and ensure equal protection under the law for all individuals. Descano’s office evaluates cases on an individual basis, considering factors such as evidence, witness availability, and other charges facing the defendant when determining the best path forward for community safety. The Office’s bond policy prioritizes recommendations based on dangerousness and flight risk, rather than other factors.
The Trust Policy passed by the Fairfax County Board of Supervisors in 2021 prohibits local police from alerting ICE when individuals who are in the country illegally are arrested. Herrity, who opposed the Trust Policy, believes that it hinders the ability of law enforcement to effectively address violent offenders and poses a threat to community safety. He highlights the impact of the policy on collaborative efforts like the Northern Virginia Regional Gang Task Force and calls for a review of all factors contributing to the release of violent criminals back into the community.
Despite having 725 undocumented immigrants in jail over the past year, the Fairfax County Sheriff’s Office has transferred only three individuals to ICE. This discrepancy raises concerns about the sheriff’s approach to handling illegal immigrants who are involved in criminal activities. The ongoing debate between county leaders, law enforcement officials, and other stakeholders underscores the complex and controversial nature of immigration policies at the local level. As the community grapples with issues related to public safety, due process, and equal protection under the law, finding a balanced approach that addresses the diverse needs and concerns of all residents remains a significant challenge for Fairfax County.
