Fairfax sheriff's office has defended its ICE detainer policy as report tallies 1,670 declined

The House Judiciary Committee's Oct. 20 staff report says the Fairfax County Sheriff's Office declined 517 ICE detainers in 2023, 705 in 2024 and at least 448 in 2025, a total of at least 1,670. The figures come from information the office provided to the committee on March 11, 2026.

The report says the office confirmed in a March 13 call with committee staff that it does not notify ICE about an individual's pending release. It also says Sheriff Stacey Kincaid's policy requires a judicial warrant before the office will hold someone for ICE.

The sheriff's position. As of publication, All News Virginia found no public statement from the sheriff's office responding specifically to the Oct. 20 report. Kincaid has laid out her position on the record before:

• In her written testimony to the House immigration subcommittee on May 14, 2026, Kincaid said: "It is simply not the job of the Fairfax County Sheriff's Office to engage in federal immigration enforcement." She said ICE "is notified of every undocumented individual booked into our jail and knows their location," and can take custody "by obtaining a judicial warrant, calling to ask when the individual will be released, tracking the individual's court date, or taking custody of the individual up to 5 days prior to their release."
• In the same testimony she said that "a clear separation between local law enforcement and federal immigration authorities is of vital importance" so that victims and witnesses will come forward.
• In a 2018 announcement ending the office's agreement with ICE, she said: "We intend to comply with all federal obligations as they pertain to ICE."
• In a March 11, 2026 letter quoted in the report, Kincaid attributed the December 2025 release of Marvin Morales-Ortez to the dismissal of his charges. She wrote, "As Sheriff of Fairfax County, I have no say in the prosecution of any inmate."

The committee's view. The report argues that a judicial warrant is not required by federal law and usually can't be obtained for state crimes. It cites testimony to that effect from former Attorney General Jason Miyares.

All News Virginia has requested comment from the Fairfax County Sheriff's Office on the report and will update this story if it responds.

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.