Are Fairfax County, Virginia’s top prosecutor and sheriff giving preferential treatment to defendants who are in the United States illegally? That will be the focus of a Capitol Hill hearing Thursday.
Commonwealth’s Attorney Steve Descano and Sheriff Stacey Kincaid will be testifying before the House Judiciary Subcommittee on Immigration Integrity, Security and Enforcement, as will Cheryl Minter, whose daughter Stephanie was killed in February, at a bus stop along Route 1 in Hybla Valley.
Abdul Jalloh, a 32-year-old immigrant from Sierra Leone will stand trial for Minter’s murder.
Earlier this month, the U.S. Department of Justice began an investigation of Descano.
In a letter to Descano, Assistant Attorney General for the Civil Rights Division Harmeet Dhillon said the DOJ is investigating whether his office violated Title VI of the Civil Rights Act and the Safe Streets Act, which both “prohibit recipients of Federal financial assistance from discriminating based upon race, color, or national origin.”
Jalloh has a long history of being arrested and released. Most recently, he was free on his own recognizance after being arrested for malicious wounding in 2025.
In written remarks, ahead of the hearing, Descano said, “The system failed Ms. Minter, and we should all look for ways we can prevent tragedies like this in the future.”
The policy in question was adopted by Descano’s office in 2020 as part of its guidelines for plea bargaining. It instructs assistant Commonwealth’s attorneys to “consider immigration consequences where possible” and states that “prosecutors shall consider … the collateral immigration consequences of the specific crime(s) the defendant is charged with.”
The webpage detailing the policy is no longer publicly available on his office’s website.
Descano and Kincaid will be asked about the county’s policies regarding not assisting U.S. Immigration and Customs Enforcement with federal civil immigration enforcement.
After the launch of the Justice Department investigation, Descano said his policies reflect the community he serves, in which “three in ten residents of Fairfax County are immigrants.”
“When crimes occur, we need victims and witnesses, including members of our immigrant communities, to report those crimes and come to court to testify,” according to Descano’s written comments before Thursday’s hearing.
“If victims and witnesses believe my office will report them or their neighbors to ICE, they will not trust us and they will not provide the testimony we need to obtain convictions and get justice.”
Cheryl Minter has said if Jalloh had been prosecuted earlier, her daughter would still be alive. She is hopeful the hearing will prompt changes and is working with groups attempting to remove Descano from office.
“The defendant was well known by ICE as early as 2018, when ICE held him in custody for nearly two years during the first Trump administration, only to release him into the community,” according to Descano.
“Let me be absolutely clear. My office does not provide sanctuary or safe harbor to undocumented immigrants,” according to Descano’s written remarks. “We routinely prosecute immigrants who commit crimes and we will continue to do so.”
Also scheduled to testify are former Virginia Attorney General Jason Miyares, and Sean Kennedy, member of the Fairfax County Criminal Justice Advisory Board, and president of Virginians for Safe Communities. Both have been vocal critics of Descano.
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