Fairfax County, Virginia, a jurisdiction that declared itself a sanctuary in 2021, declined to transfer 615 illegal immigrants to federal authorities over a 16-month period, according to recently obtained records. During the same timeframe, only 11 individuals were transferred to U.S. Immigration and Customs Enforcement (ICE).
These figures were uncovered by America First Legal (AFL), a conservative legal organization, through a Freedom of Information Act (FOIA) request directed to the office of Fairfax County Sheriff Stacey Ann Kincaid.
County Policy and Enforcement Trends
Fairfax County, the most populous jurisdiction in Virginia, adopted its "Public Trust and Confidentiality Policy," also known as the "Trust Policy," in 2021, formally designating itself a sanctuary jurisdiction. This policy restricts local law enforcement from honoring civil detainers issued by ICE or providing other forms of assistance to federal immigration enforcement efforts.
Sheriff Kincaid, whose office provided the data, previously testified before a contentious House hearing earlier this spring regarding the county's limited cooperation with federal immigration agencies.
The specific data from the Fairfax County Sheriff’s Office indicates a consistent pattern of non-compliance with ICE requests:
- Throughout 2025, Kincaid’s office declined 448 requests to transfer illegal immigrants to the Department of Homeland Security (DHS) for processing, ultimately turning over just nine to ICE.
- During the initial four months of 2026, Fairfax County refused an additional 167 transfer requests, with only two individuals being released to ICE.
In April 2026, the most recent month for which records were available, 32 illegal immigrants were documented in the sheriff's custody. All 32 were subject to an "informed detainer," and three had prior convictions. None of these individuals were released to ICE.
Scrutiny Over Prosecutorial Discretion
America First Legal has largely attributed the county’s approach to Commonwealth's Attorney Stephen Descano. Descano appeared alongside Sheriff Kincaid at the recent congressional hearing, where he faced pointed questions from Republican lawmakers concerning his prosecutorial discretion in cases involving illegal immigrants apprehended within the county.
AFL highlighted that Descano is reportedly under investigation by the Justice Department's Civil Rights Division. This inquiry stems from allegations that U.S. citizens are effectively discriminated against due to Descano's stated preferential policies, which were reportedly featured on his campaign materials and referenced by Subcommittee Chairman Tom McClintock, a Republican from California, during the hearing.
The legal group pointed to several incidents it claims are consequences of these policies, including fatal stabbings, an alleged assault on a woman along the Washington & Old Dominion Trail—a popular and historically safe recreational path—and other crimes purportedly committed by illegal immigrants who, AFL asserts, received lenient sentences or had charges dismissed.
Descano has consistently defended his office's prosecutorial decisions, asserting they are evidence-based and handled on an individual case-by-case basis. A spokesperson for his office stated:
"Our office’s policies are fair, legal and reflect the values of Fairfax County, and we will not be distracted from our mission of keeping this community safe and holding individuals accountable when they commit crimes."
However, AFL’s Stephen Scolinos criticized the county’s actions, stating:
"This deliberate obstruction by county officials protects illegal alien lawbreakers and endangers every family in Northern Virginia. For too many families, it is already too late. But to protect other Virginians from future crimes at the hands of illegal aliens with prior arrests, Fairfax County must reverse this reckless, anti-American governance immediately."
Broader Context and Future Implications
Fairfax County is not alone in its stance. America First Legal also cited Santa Clara County, California, which reported receiving 529 ICE detainer requests in 2025 but honored none. AFL commented in April that if each detainer represented a unique illegal alien, an average of 1.34 arrested individuals were released into Santa Clara daily.
These patterns are anticipated to continue drawing significant attention from groups like America First Legal and potentially from the Trump administration, should it return to power. AFL has actively sought similar data from sanctuary jurisdictions across the nation.
