FAIRFAX COUNTY, Va. (7News) — A Fairfax County Supervisor wants county leaders to scrap sanctuary county policies for undocumented immigrants.

This comes as ICE confirms two of the three suspects in connection with a murder in Oakton are in the U.S. illegally.

Fairfax County Sheriff Stacey Kincaid will not honor ICE detainers. In a letter to 7News, Kincaid explains she requires ICE to get a judicial warrant, even for violent offenders who are in the U.S. illegally.

In her letter, Kincaid references former Virginia Attorney General Mark Herring’s opinion from more than nine years ago which claims ICE detainers are merely requests.

“Her reliance on the Attorney General’s letter is a cop-out,” Fairfax County Supervisor Pat Herrity told 7News. “You clearly got Sheriff Chapman doing it [honoring ICE detainers] and keeping his community safe. I think our residents expect the same from our sheriff. I think they’re failing their duty. Because when you’ve got repeat violent offenders being released into our community, whether that’s by the magistrates, whether that’s by the Commonwealth’s Attorney or whether that’s by the sheriff, that’s just unacceptable. We need to keep violent offenders in jail or get them out of our country.”

Loudoun County Sheriff Mike Chapman said his office immediately notifies ICE when his deputies arrest people who happen to be in the country illegally and Chapman honors ICE detainers.

In her letter explaining her policy on the treatment of undocumented inmates, Kincaid also said the courts and the commonwealth’s attorney in some cases have agreed to release people on bond despite serious charges. And Kincaid writes “In other cases, the Commonwealth’s Attorney elected to nolle prosequi, or dismiss, the charges altogether.”

“If you’re a U.S. citizen and a violent offender, you’re treated worse than if you are if you’re in the country illegally and a violent offender,” Herrity said of Fairfax County Commonwealth’s Attorney Steve Descano’s record. “I mean, that makes absolutely no sense. I’m sorry, that just makes no sense.”

Descano has said he will not work with ICE. You can read Descano’s policy, here.

In response to Kincaid’s letter, Descano’s office told 7News, “Prosecutors evaluate cases on an individual basis and take into account a wide range of factors when determining the best path forward to build community safety. Part of that work is determining when it is improper to go forward with a case, which can be due to the strength of the evidence, availability of witnesses, or in coordination with other charges the defendant may be facing. The office’s bond policy directs prosecutors to make hold/release recommendations based only on dangerousness and flight risk, and not to consider other factors.”

In addition to Kincaid’s and Descano’s policies, there is the Trust Policy, which the Fairfax County Board of Supervisors passed in 2021. The policy was introduced by Fairfax County Chair Jeff McKay.

The Trust Policy prohibits Fairfax County police from notifying ICE when they’ve arrested someone who is in the country illegally.

Herrity would like the Board of Supervisors to scrap the Trust policy.

“I voted against the Trust Policy to start with,” said Herrity. “I think it hurts our police department’s ability to actually do their job and get violent offenders off the street. We’re no longer a part of the Northern Virginia Regional Gang Task Force because of the Trust Policy. It hurts their ability to do their job.”

“Any reason that we are releasing violent criminals back into our community needs to be revisited, everything from the 2020 legislation to the Commonwealth Attorney, to the Sheriff’s policies,” Herrity added.

Virginia Gov. Glenn Youngkin’s office is now weighing in on Kincaid’s refusal to honor ICE detainers.

“It’s crucial for local law enforcement to uphold the rule of law and honor detainer orders from U.S. Immigration and Customs Enforcement regarding violent illegal immigrants to keep Virginians safe, rather than exacerbating the consequences of the Biden-Harris administration’s inability to secure our southern border,” Governor Glenn Youngkin’s Press Secretary Christian Martinez told 7News.

7News has asked Kincaid for interviews to discuss her policy on the treatment of undocumented inmates, but Kincaid refuses to answer 7News’ questions on camera about this topic.

According to the Fairfax County Sheriff’s Office, they’ve had 725 undocumented immigrants in their jail over the past 12 months, but only three were transferred to ICE.

The Fairfax County Police Department arrested Maudin Anibal Guzman in connection to last Saturday’s murder in Oakton. ICE said they previously lodged multiple ICE detainers against Guzman, but ICE said the Fairfax County Sheriff did not honor the detainers.

But, the Fairfax County Sheriff’s Office claims ICE did not send a detainer to their office for Anibal Guzman.

“From the time Anibal Guzman was arrested on February 21, 2024, until his release on June 17, 2024, ICE did not send a detainer to the FCSO or obtain a warrant for his arrest,” the Fairfax County Sheriff’s Office told 7News. “This is not the first time they have been blatantly wrong with this type of information. Anibal Guzman received 364 days suspended time on the charge of burglary and 11 months of active jail on the amended charge of assault and battery. He was not convicted of malicious wounding. It is noteworthy that the Commonwealth sentenced him to 364 days on the misdemeanor charge. This sentence is often made with the express purpose of avoiding immigration consequences because it is less than 1 year by 1 day. With no warrant on file from ICE or any other agency, the Sheriff’s Office was required to release Mr. Anibal Guzman after he served this short sentence.”

On Monday, ICE confirmed the third suspect who was arrested in connection to the murder in Oakton is in the U.S. illegally. His name is Wilmer Adalid Guzman-Videz and according to ICE, he is a 20-year-old Honduran national. ICE has lodged an immigration detainer against Guzman, according to ICE.

ICE told 7News that U.S. Border Patrol (USBP) arrested Guzman on May 28, 2022, after he unlawfully entered the United States near Kingsville, Texas and USBP served Guzman a notice to appear before a Department of Justice immigration judge on May 30, 2022, and transferred custody of Guzman to the Office of Refugee Resettlement (ORR). According to ICE, ORR released Guzman on June 23, 2022.