FAIRFAX COUNTY, Va. — The ongoing tension in Fairfax County regarding the refusal to honor ICE immigration detainers has sparked significant debate, especially after Virginia Attorney General Jason Miyares emphasized the importance of cooperation between local sheriffs and federal immigration officials.
Miyares criticized the county’s current practices, pointing to several cases where individuals, in the country illegally and charged with violent crimes, were released back into the community. He argues that such policies endanger public safety.
Fairfax County Sheriff Stacey Kincaid’s office has consistently refused to comply with ICE detainers, citing a preference for judicial warrants (AO 442) as the basis for transfers to federal custody. The county’s “Trust Policy,” enacted in 2021, further restricts local law enforcement from notifying ICE about the immigration status of individuals, even if they have committed violent offenses.
Miyares and other critics, such as Fairfax County Supervisor Pat Herrity, argue that the Trust Policy impedes law enforcement’s ability to protect the public and remove violent offenders from the streets.
Supporters of the Trust Policy, however, may view it as essential for maintaining community trust, particularly among immigrant populations. The broader debate reflects deeper divisions over how local law enforcement should interact with federal immigration authorities, with public safety, local autonomy, and immigrant rights at the center of the controversy.
The situation remains unresolved as Fairfax County leaders, including Sheriff Kincaid and Board Chair Jeff McKay, have yet to respond to calls for policy changes.