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Fairfax County’s top prosecutor and sheriff are set to testify on Capitol Hill Thursday as lawmakers examine whether local policies give preferential treatment to defendants who are in the United States illegally.
Commonwealth’s Attorney Steve Descano and Sheriff Stacey Kincaid will appear before the House Judiciary Subcommittee on Immigration Integrity, Security and Enforcement. Cheryl Minter, whose daughter Stephanie was killed at a bus stop along Route 1 in Hybla Valley in February, is also scheduled to testify.
Abdul Jalloh, a 32-year-old immigrant from Sierra Leone, is awaiting trial on a charge of murdering Minter. He had previously been arrested and released multiple times, most recently on his own recognizance following a 2025 malicious-wounding arrest.
Minter has argued that her daughter would still be alive if Jalloh had been prosecuted earlier. She hopes the hearing will lead to policy changes and is working with groups seeking Descano’s removal from office.
Justice Department Investigates Descano’s Office
The U.S. Department of Justice opened an investigation into Descano earlier this month.
In a letter, Assistant Attorney General for the Civil Rights Division Harmeet Dhillon said the department is examining whether his office violated Title VI of the Civil Rights Act and the Safe Streets Act. Both laws prohibit recipients of federal funding from discriminating based on race, color or national origin.
The scrutiny includes plea-bargaining guidelines Descano’s office adopted in 2020. The policy directed assistant Commonwealth’s attorneys to consider possible immigration consequences and the effects that particular charges could have on a defendant’s immigration status.
The webpage describing that policy is no longer publicly accessible on the office’s website.
Lawmakers are also expected to question Descano and Kincaid about Fairfax County policies against assisting U.S. Immigration and Customs Enforcement with federal civil immigration enforcement.
Descano Says Policy Helps Secure Convictions
In prepared testimony, Descano acknowledged the circumstances surrounding Minter’s death.
“The system failed Ms. Minter, and we should all look for ways we can prevent tragedies like this in the future,” he said.
Descano defended his approach as necessary in a county where, he said, three in 10 residents are immigrants. Victims and witnesses from immigrant communities must feel safe reporting crimes and appearing in court, he argued.
“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,” Descano said in his written comments.
He also rejected the assertion that his office protects undocumented defendants from prosecution.
“My office does not provide sanctuary or safe harbor to undocumented immigrants,” Descano said. “We routinely prosecute immigrants who commit crimes and we will continue to do so.”
According to Descano, ICE knew about Jalloh as early as 2018 and held him for nearly two years during the first Trump administration before releasing him into the community.
Former Virginia Attorney General Jason Miyares and Sean Kennedy are also scheduled to testify. Kennedy serves on the Fairfax County Criminal Justice Advisory Board and is president of Virginians for Safe Communities. Both men have publicly criticized Descano.