Marvin Morales-Ortez, who is residing in the country illegally, was released from Fairfax County custody Tuesday and then allegedly committed a murder the following day. (Fairfax County Police Department/Getty Images)
Both Fairfax County Police and Descano's office said that the decision on whether to follow Immigration and Customs Enforcement (ICE) detainers ultimately falls under the purview of the sheriff's office, led by Stacey Kincaid. Fox News Digital reached out to the sheriff's office for an explanation about how it handles ICE detainers and whether it cooperates, or not, with federal immigration enforcement.
"The Fairfax County Sheriff’s Office follows all local, state, and federal laws when determining whether a person is subject to release from the ADC. Immigration and Customs Enforcement (ICE) is automatically notified any time a person is booked into the ADC. In this instance, ICE was aware of Morales Ortez’s incarceration and elected not to seek a judicial warrant to ensure he remained in custody," Fox News Digital was told. "Accordingly, and consistent with our policies and the law, once the court issued an order dismissing his cases, Mr. Morales Ortez was released."
Governor-elect Abigail Spanberger, according to local Virginia news outlet WJLA-TV, is currently considering Kincaid for a top Virginia State Police position.
In response to this incident, a Homeland Security spokesperson said they "have blood on their hands."
"This is nothing more than sanctuary politicians trying to pass the blame for their REFUSAL to protect American citizens," the spokesperson said. "To honor a detainer, officials do NOT need a judicial warrant. The sanctuary politicians of Fairfax have blood on their hands. They should have turned this serial criminal illegal alien over to ICE law enforcement--instead they chose to RELEASE him back into Virginia neighborhoods."
Above are the Department of Homeland Security's "worst of the worst" criminal illegal aliens arrested by Immigration and Customs Enforcement in Virginia over the last week. (Department of Homeland Security/Jonathan Wiggs via Getty Images)
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Under President Donald Trump's second administration, Immigration and Customs Enforcement (ICE) arrests in Virginia have nearly tripled compared to the previous administration. Last month, Homeland Security (DHS) called out some of the state's "worst of the worst" dangerous and violent illegal immigrant offenders captured in just a week's time.
The undocumented immigrant offenders highlighted by DHS came from Central America and the Caribbean, including El Salvador, Nicaragua, Guatemala, Jamaica, and the Dominican Republic. Meanwhile, their crimes ranged from drug smuggling to domestic violence, rape, "carnal abuse," making terroristic threats, extortion and more.
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