A recent development in Fairfax County, Virginia, has sparked a debate over sanctuary county policies for illegal immigrants. Fairfax County Sheriff Stacey Kincaid has taken a firm stance, stating that she will not honor ICE detainers without a judicial warrant, citing legal and constitutional rights.
Sheriff Kincaid's position is supported by a 2015 opinion from former Virginia Attorney General Mark Herring, which states that ICE detainers are merely requests. She also references the Fourth and Fourteenth Amendments, emphasizing the rights of individuals, regardless of their immigration status.
However, Fairfax County Supervisor Pat Herrity has criticized Kincaid's approach, arguing that honoring ICE detainers is crucial for public safety. He pointed to Loudoun County Sheriff Mike Chapman, who notifies ICE and honors detainers for individuals in the U.S. illegally.
Supervisor Herrity expressed concerns about violent offenders being released into the community due to decisions made by the courts, the Commonwealth's Attorney, and the sheriff. He highlighted instances where suspects of violent crimes were either released on bond or had charges dismissed.
Commonwealth's Attorney Steve Descano defended his office's stance on not collaborating with ICE for civil immigration enforcement. Descano emphasized the need to evaluate cases individually and prioritize community safety, while also ensuring equal protection under the law.
The Trust Policy, passed by the Fairfax County Board of Supervisors in 2021, prohibits the police from alerting ICE about individuals in the country illegally upon arrest. Supervisor Herrity, who opposed the Trust Policy, called for its elimination, citing concerns about hindering law enforcement's ability to address violent offenders.
The ongoing debate has raised questions about public safety, law enforcement protocols, and the treatment of individuals involved in criminal activities. As the discussion continues, stakeholders are grappling with balancing immigration policies, constitutional rights, and community well-being in Fairfax County.
Despite differing viewpoints and policies, the overarching goal remains to ensure the safety and security of all residents while upholding the principles of justice and equality.
