Undocumented immigrants in Fairfax County and elsewhere in Virginia could face threats on two fronts in the new year, with both national and state elected leaders proposing policies targeting that population.
As incoming president Donald Trump plans mass deportations, Virginia Gov. Glenn Youngkin unveiled a budget proposal this week that would require local governments to assist Immigration and Customs Enforcement (ICE) and withhold funding from those with cooperation-limiting policies, including Fairfax County.
The proposal would require local police, sheriffs and jails to comply with ICE detainers and notify immigration authorities 48 hours before an undocumented person is set to be released from custody, amending a state law that currently says a jail “may” transfer custody of an inmate to ICE up to five days prior to their release.
Localities that don’t comply and adopt “sanctuary city” practices — defined by Youngkin as anything “that impedes communication or cooperation with ICE” — would lose state funding for police departments and jails.
Youngkin has framed his proposal as a public safety issue, pointing to two cases in Fairfax County where an undocumented immigrant was accused of a crime after being released from custody.
“We must stop the cycle of violence and crime that is being enabled by some local governments,” he said in a Dec. 12 press release. “Virginia is not a sanctuary state, and we must be clear that we will not allow localities to become ‘sanctuary cities.’ If local governments turn their backs on their citizens in order to pander to pro-illegal immigrant groups, we will cut off their funding.”
Fairfax cases cited to justify proposal
In one case, Denis Humberto Navarette Romero, 31, was arrested in Herndon and charged with rape and abduction after allegedly attacking a woman on the Washington & Old Dominion Trail on Nov. 18. Herndon Police Chief Maggie DeBoard described him as a “Honduran national” who had a “documented history of sexual assault and exposures” dating back to 2022.
The man had been released from jail on Nov. 14 after pleading guilty to indecent exposure and finishing his sentence, which included time served while the case was in court, according to the Fairfax County Sheriff’s Office.
When asked whether ICE had obtained a detainer or warrant for Navarette Romero, a spokesperson for the agency’s D.C. area Enforcement and Removal Operations said ERO officers interviewed him and filed a detainer with the Fairfax County Adult Detention Center on Nov. 26. No prior detainers were mentioned.
Youngkin also referenced a man from Honduras who was reportedly arrested by the Fairfax County Police Department on child sex crime charges on July 5, 2023 and again on Feb. 22. In a press release announcing the man’s arrest by deportation officers on April 15, ICE said the unnamed man was released on a $10,000 bond on July 10, 2023 after it placed a detainer, and on Feb. 22, he was released before it could get a detainer.
The county sheriff’s office told ABC7 that the man was released in July 2023 on bond, as ordered by the court, because there was no judicial warrant authorizing his transfer to ICE. In February, he was granted bond by a Fairfax County Circuit Court judge without ever being in custody of the sheriff’s office.
The sheriff’s office’s policy is to recognize warrants approved by a judge, including ones for immigration purposes, but not informal detainers or requests. In a statement in July, it said ICE is notified whenever an undocumented individual is taken into custody but “time and again, they make no effort to secure a warrant that would give judicial authority to detain.”
Youngkin’s “No Sanctuary City” proposal appears to back up an opinion issued in September by Attorney General Jason Miyares, who argued that law enforcement agencies should honor ICE detainers but didn’t make any actual policy changes.
Local officials, immigrant advocates weigh in
After Youngkin’s announcement, Springfield District Supervisor Pat Herrity, the only Republican on Fairfax County’s Board of Supervisors, called for the county to reassess its Trust Policy, which was adopted in January 2021 and bars county government employees from voluntarily disclosing an individual’s citizenship status unless required by law “or to fulfill an agency’s mission.”
Similar policies have also been implemented in Arlington, Alexandria and Richmond.
“I opposed the Trust Policy from the beginning primarily because of its impact on public safety,” Herrity said in a statement released Dec. 12. “I applaud Governor Glenn Youngkin for his efforts to protect our communities from repeat, violent offenders.”
Board of Supervisors Chairman Jeff McKay, however, argues that the Trust Policy improves the county’s ability to address crime by assuring immigrants that they can use county services, including the police, without fearing that they’ll be targeted for deportation.
“Our Fairfax County Police Department has done a great job building trust with all County residents, regardless of immigration status,” he said in an emailed statement to FFXnow. “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.”
Noting that no county policy is preventing the federal government from enforce immigration laws, which are its responsibility, McKay suggested that Youngkin advocate for “comprehensive federal immigration reform to prevent the kinds of problems he’s incorrectly blaming on local governments.”
Earlier this month, the Board of Supervisors approved legislative recommendations for Congress that included opposition to “large-scale immigration enforcement actions” that increase fear among all immigrants and divert resources away from “the small number who have committed violent crimes.” It also opposes any legislation that would require local governments to enforce federal immigration laws.
“While immigration enforcement targeting the small number of dangerous criminals is sensible, President Trump’s plan to launch indiscriminate mass deportations will lead to a decline in public trust of law enforcement and, therefore, a rise in unsolved crimes,” McKay said. “Gov. Youngkin is contributing to this.”
Immigration advocates have also blasted Youngkin’s proposal as undermining public safety.
The threat of deportation and discrimination will discourage victims from reporting crimes and witnesses from cooperating with investigations, according to CASA Virginia Director Luis Aguilar.
“Governor Youngkin’s budget plan does not protect Virginians — it divides us,” Aguilar said in a statement. “It pits community members against one another, driving a wedge between law enforcement and the very people who contribute to making our state great. It punishes cities for supporting immigrant families and breeds an atmosphere of fear.”
The grassroots organization ACLU People Power Fairfax, which, like CASA Virginia, advocated for Fairfax County to adopt its Trust Policy, says Youngkin is overstepping his authority.
According to sheriff’s office data, 82% of undocumented immigrants released from the Fairfax County Adult Detention Center over the past four years were out on bond while awaiting trial by the order of a state-appointed judge or magistrate, ACLU People Power Fairfax lead advocate Diane Burkley Alejandro says.
“So, Governor Youngkin wants to cut off funding from Fairfax because independent judges decide to release someone? Fairfax can’t and shouldn’t control that,” she said. “This is politics plain and simple.”
