Despite the pleas of one local lawmaker, Fairfax County officials will not revisit their Trust Policy restricting information sharing with federal immigration enforcement agencies anytime soon.
Springfield District Supervisor Pat Herrity proposed revisiting the policy at today’s meeting of the Board of Supervisors, but the suggestion was rejected without discussion by the other nine members — all Democrats.
The board’s lone Republican, Herrity claimed that “several board members” had discussed the need to address what he views as failures in the Commonwealth Attorney’s Office to keep people safe after multiple recent cases where a person residing in the country without proper documentation was charged with a serious crime.
Adopted in 2021, the Trust Policy prohibits county government staff from sharing information about a person’s citizenship status with federal immigration enforcement agents unless required by law or a court order.
The policy has drawn fire primarily from conservative corners, including the Trump administration and former Gov. Glenn Youngkin, who have criticized the Fairfax County Sheriff’s Office for not recognizing informal detainer requests submitted by U.S. Immigration and Customs Enforcement.
The sheriff’s office has countered that ICE receives notification every time an undocumented individual is taken into custody, and it’s the federal agency’s responsibility to obtain a court order or to have agents present to pick up someone when they’re released.
Some residents say the current policy has led to violent offenders being released back into the community — something Herrity wants to change.
“This is my attempt to get that process started,” Herrity said at the meeting. “This board can clearly not solve all the problems with our legal system, but it must do what it can to protect our residents.”
In his remarks, Herrity explicitly mentioned the Feb. 23 killing of Stephanie Minter, a 41-year-old woman who was stabbed to death at a bus stop in Hybla Valley.
Abdul Jalloh, who federal immigration officials say entered the country without authorization in 2012 from Sierra Leone, was charged with Minter’s murder. He was arrested numerous times in Fairfax County since then, including four times for malicious wounding, before Minter’s killing.
“This is not the first time a repeat convicted violent offender has been released into our community and committed additional violent offenses against our residents, and unfortunately, it’s not going to be the last time,” Herrity said.
Herrity’s proposal requested that the “appropriate staff” study whether to amend the Trust Policy and present their findings to the county board’s Safety and Security Committee at a future meeting.
The proposal also specifically requests discussion of adding “support for residents of any immigration status who may be reporting a crime,” noting that some witnesses may be afraid to come forward at risk of deportation.
The Trust Policy was intended, in part, to assure individuals that they can contact the police or seek other public services out of fear that they may be referred to ICE. The Fairfax County Police Department has its own internal policy restricting cooperation between officers and ICE, though immigrant rights advocates raised concerns last year that recent revisions might’ve weakened protections.
Ultimately, Herrity’s board matter did not receive a secondary motion from any member of the board — including Franconia District Supervisor Rodney Lusk, who is listed as a joint sponsor to the proposal — and died.
In a statement provided to FFXnow after the matter was passed by, Herrity promoted the idea that there is nothing wrong with reevaluating policies in order to maximize safety.
“While our board cannot solve every issue with the justice system,” Herrity said in a statement, “we can always engage in a review of policies that may impact public safety — especially the county’s Trust Policy, which currently prohibits law enforcement from collaborating with federal agencies, even in the case of violent, repeat offenders.”
Board of Supervisors Chairman Jeff McKay disputed the suggestion that the Trust Policy interferes with local police’s ability to respond to crime and arrest alleged perpetrators:
“The Trust Policy has played a vital role in our status as the safest jurisdiction of our size in the nation. When individuals are hesitant to cooperate with local law enforcement crimes go unsolved and victims have no recourse for justice.
The Trust Policy is not a free pass to commit crimes, as demonstrated by FCPD’s multiple arrests of the individual at the center of Supervisor Herrity’s Board Matter. If you commit a crime in Fairfax County, FCPD – which is under the Board’s purview will hold you accountable. Additionally, as reported in the media, FCPD actively worked to keep this individual in jail given his criminal history.
This is not a failure of the Trust Policy, and the Board is committed to holding all individuals accountable for their actions. We will continue to work with all members of our community to keep them safe.”
