What an ICE detainer is, and why Fairfax doesn't honor them

What is a detainer? When ICE has "probable cause to believe" a person in local custody is removable, it can send the jail a formal request. The request asks the jail to notify ICE before releasing the person and to hold the person for up to 48 hours beyond the normal release time so ICE can take custody. The report notes that people subject to detainers are in jail for a criminal charge, not for immigration status. ICE can also send a less formal "request for advance notification of release."

What does Virginia law allow? The report cites Va. Code § 53.1-220.2, which authorizes a sheriff, on receiving a detainer, to transfer custody to ICE up to five days before the person would otherwise be released.

What does Fairfax do? According to the report, Sheriff Stacey Kincaid ended an agreement with ICE in 2018. Her policy says the office will not detain anyone "based on an informal request or detainer" and requires a judicial warrant instead. The report says the office told committee staff it does not notify ICE of pending releases. The county's 2021 Trust Policy separately limits sharing of immigration information without a legal requirement, judicial warrant, court order or subpoena.

Why the warrant matters. The report argues that a judicial warrant is not required under federal law and usually can't be obtained unless the person is charged with a federal crime. It quotes former Attorney General Jason Miyares's May 2026 testimony to the subcommittee. Asked whether a federal judicial warrant can be obtained for a state crime, Miyares said: "No, it's not, and they know this." Asked how one gets a federal judicial warrant if deportation is a civil matter, he said: "You can't." He agreed the request was "legally impossible."

State policy. The report says Gov. Abigail Spanberger rescinded former Gov. Glenn Youngkin's 2025 order on ICE cooperation in January 2026 and directed state agencies to end 287(g) agreements, and that a federal judge temporarily paused parts of that directive in September 2026.

By the numbers. The report says the sheriff's office declined 517 detainers in 2023, 705 in 2024 and at least 448 in 2025.

The report was prepared by the committee's Republican majority staff and relies in part on nonpublic records the committee says are on file with it. Those records have not been released. All News Virginia has requested comment from the Fairfax County Commonwealth's Attorney's Office and will update this story if it responds.

Source: "Fairfax County, Virginia: The Dangerous Consequences of Sanctuary Policies," interim staff report of the House Judiciary Committee and its Subcommittee on Immigration Integrity, Security, and Enforcement, released Oct. 20, 2026.Read the report (PDF).

Fairfax County is a county in Northern Virginia. Its county seat is Fairfax, an independent city.