By Asra Q. Nomani / Fairfax County Times
In the county jail off Chain Bridge Road in Fairfax, Denis Humberto Navarette Romero—a Honduran national charged with the rape of a woman in Herndon—sits in a solitary cell as Inmate No. 2106581, according to sources, held without the ability to get out on bond until a March 5 court date. His case has placed Fairfax County center stage in a national and state battle over immigration policies and the handling of alleged criminal offenders residing illegally in the United States.
Fairfax County is set for a partisan showdown in the coming months, as Navarrete Romero sits in jail and Republican Governor Glenn Youngkin and the incoming Trump administration move to deport illegal immigrants with criminal records, like Navarrete Romero. At the same time, local Democratic politicians say they will oppose such moves.
The debate highlights a broader struggle over balancing public safety and immigration policy in towns from New York City to Aurora, Colo. The governor’s stance, paired with local resistance, sets the stage for a contentious battle over the future of not only immigration policies in Fairfax County but also the lives of immigrants like Navarette Romero and his alleged victims.
Flanked by Virginia Attorney General Jason Miyares, Loudoun County Sheriff Mike Chapman, and other law enforcement leaders at a press conference last week, Youngkin cited Navarette Romero’s case as he announced a budget amendment, “No Sanctuary Cities,” that would demand that cities and counties cooperate with federal immigration enforcement or face cuts in state funding. The amendment would require local law enforcement and jail officials to fully comply with detainers by U.S. Immigration and Customs Enforcement, or ICE, and provide at least 48 hours notice before releasing any illegal immigrant accused of a crime.
“Today, we are taking common-sense steps for no sanctuary cities in the Commonwealth of Virginia,” Youngkin said at the event. “We are protecting Virginians first. We have watched every state become a border state. It not only disrupts the safety and security of all neighborhoods but it has been fueled by outright hostile policy from so-called ‘sanctuary cities’ that recklessly and unnecessarily endanger the safety of Virginians.”
‘Catch-and-release’ dynamics
Youngkin cited Navarette Romero’s criminal record and history of being arrested and then released, often called “catch-and-release,” as a prime example of the failures of “sanctuary” policies. After arriving in Fairfax County from Honduras in about 2013 and working in the construction industry, Navarette Romero has faced 29 run-ins with area law enforcement officials, according to court records and law enforcement officials, including charges of indecent exposure, assault, and now rape, getting out jail each time.
“Fairfax County’s sanctuary policies enabled that criminal to be released back on the streets without notifying ICE,” Youngkin said.
In 2021, the Fairfax County Board of Supervisors voted 12-1 for a “Trust Policy” that prohibits local law enforcement from cooperating with ICE unless a judicial warrant is issued. It states: “It is not an appropriate use of Fairfax resources to facilitate enforcement of federal immigration law, which is the sole responsibility of the federal government.” Critics say that the impact of the policy is absorbed by the local community with local alleged victims when it comes to issues of public safety and alleged crime by immigrants illegally in the United States.
‘…needed assistance
with getting deported’
The case of Navarette Romero reveals a complex irony: as an undocumented immigrant, he sought deportation to escape homelessness but was shielded by county policies meant to protect vulnerable populations—only to later commit alleged violent crimes, including rape, against victims. According to Herndon police records, on July 5, 2022, a Herndon police officer responded to a call at about 8:46 a.m., in Bready Park off Ferndale Avenue, where he found Navarette Romero “laying face down near the softball field,” on a park table. The responding officer wrote that Navarette Romero “stated that he needed assistance with getting deported, so he could go back to his country.”
The Herndon police officer said that Navarette Romero “did not appear under the influence of an alcoholic beverage or an illegal narcotic” and “stated that he did not have any other place to go and he is homeless.”
“Our Fairfax County Police Department has done a great job building trust with all county residents, regardless of immigration status,” said Fairfax County Board of Supervisors Chair Jeff McKay in a statement defending the “Trust Policy.” “We solve crimes because people feel comfortable talking to our police, which is a major contributor to our being the safest jurisdiction of our size in the country.”
Springfield District Supervisor Pat Herrity, the lone Republican on the Fairfax County Board of Supervisors and the lone vote against the “Trust Policy,” criticized McKay’s defense of the “Trust Policy.”
“The focus of the local government ought to be preventing the next victim, and in this case, that means cooperating with federal immigration authorities to get repeat violent offenders off our streets,” said Herrity.
In Richmond, Luis Aguilar, the Virginia director of CASA, a national advocacy group with an affiliate in Fairfax County, defended the “Trust Policy” and voiced opposition to Youngkin’s proposed policy. “CASA stands firmly against Governor Glenn Youngkin’s harmful budget proposal, which seeks to penalize Virginia cities and counties for fostering trust between the Commonwealth of Virginia and its diverse communities,” he said.
Aguilar warned that forcing compliance with ICE detainers could backfire, leading to fewer crimes being reported and undermining public safety in the long term.
Meanwhile, Navarette Romero, inmate No. 2106581, will remain in county jail, sources said, until his hearing at 2 p.m. on March 5, when he will face the charges filed against him by local prosecutors on behalf of his alleged victim.