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Fairfax Prosecutor, Sheriff Testify on Capitol Hill about Illegal Immigrant Case Bias

Commonwealth’s Attorney Steve Descano and Sheriff Stacey Kincaid are set to testify on Capitol Hill regarding allegations of bias in handling illegal immigrant cases. This hearing will take place before the House Judiciary Subcommittee on Immigration Integrity, Security, and Enforcement.

Key Testimonies and Context

The hearing will feature significant testimonies, including that of Cheryl Minter. Minter’s daughter, Stephanie, was tragically killed in February at a bus stop in Hybla Valley. The accused, Abdul Jalloh, a 32-year-old immigrant from Sierra Leone, is facing trial for her murder.

In recent developments, the U.S. Department of Justice initiated an investigation into Descano’s office. According to Assistant Attorney General Harmeet Dhillon, the focus is whether Descano violated Title VI of the Civil Rights Act and the Safe Streets Act, both of which prohibit discrimination based on race, color, or national origin.

Background on Jalloh’s Legal Issues

Jalloh has a documented history of arrests, most recently for malicious wounding in 2025, after which he was released on his own recognizance. Descano has stated that the system failed Minter and expressed a commitment to preventing similar tragedies in the future.

Controversial Policies Under Scrutiny

A central concern in the hearing is a 2020 policy established by Descano’s office, which encourages consideration of immigration consequences in plea bargaining. This policy has come under scrutiny as it is believed to contribute to preferential treatment for defendants who are undocumented.

  • Policy Context: Prosecutors advised to “consider immigration consequences.”
  • Public Access: The webpage detailing this policy has been removed.
  • Community Impact: Approximately 30% of Fairfax County residents are immigrants, according to Descano.

During the hearing, Descano and Kincaid will address the county’s approach towards federal immigration enforcement, particularly the lack of collaboration with U.S. Immigration and Customs Enforcement (ICE).

Community Reactions

Minter expressed that if Jalloh had faced prosecution sooner, her daughter might still be alive. She is advocating for changes in the system and is collaborating with groups seeking Descano’s removal from office. Descano clarifies that his office does not provide sanctuary to undocumented immigrants and is committed to prosecuting those who commit crimes.

Additional Witnesses

Guest witnesses for the hearing will include former Virginia Attorney General Jason Miyares and Sean Kennedy, president of Virginians for Safe Communities and a member of the Fairfax County Criminal Justice Advisory Board. Both have been critical of Descano’s policies and practices.

This testimony on Capitol Hill comes at a critical time, highlighting the intersection of immigration policy and public safety in Fairfax County. As this situation unfolds, many community members are hopeful for accountability and reform.

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