Biden admin marked illegal immigrant, alleged murderer as ‘non-enforcement priority,’ DHS reveals

FIRST ON FOX: The Trump administration’s Department of Homeland Security (DHS) is calling out both the Biden administration and one Northern Virginia county’s “sanctuary policies” after an illegal immigrant with a lengthy criminal history was released by police and allegedly killed a man in his home a day later.

A man was found shot dead in his Northern Virginia home in Fairfax County on Wednesday. The suspected shooter, 23-year-old Marvin Morales-Ortez — an immigrant from El Salvador residing illegally in the United States — had been in custody Tuesday on malicious wounding and brandishing a firearm charges, but police released him after the Fairfax County Commonwealth’s Attorney’s Office dropped the charges and Morales-Ortez committed a murder the next day. 

Morales-Ortez illegally entered the United States in September 2016, along with his mother, near Hidalgo, Texas, according to DHS. Morales-Ortez was then “released into the country by the Obama administration,” the agency added. Meanwhile, in 2022, the Biden administration dismissed Morales-Ortez’s immigration proceedings and eventually marked him as “a non-enforcement priority,” according to DHS. 

“There is blood on the hands of Fairfax County politicians for pushing policies that released this illegal alien from Salvadoran from jail and onto the streets of Virginia,” said DHS Assistant Secretary Tricia McLaughlin. “Fairfax county refused to honor ICE’s detainer and release him into their custody. Just hours after being released from jail, he committed murder in cold blood. Sanctuary policies have deadly consequences. We pray for the victim and his family.”

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Officers investigated the murder scene Wednesday afternoon and night, according to local media. Following a manhunt, Morales-Ortez was eventually tracked down and arrested. Court records showed Morales-Ortez had been charged with at least seven crimes in Fairfax County at the time of his latest arrest and was a suspected MS-13 member. 

Morales-Ortez was arrested on Sept. 14 and, according to the office of George Soros-backed district attorney, Steve Descano, the charges were eventually dropped because the victim in the case left the country and indicated they would not cooperate with court proceedings.  

“The charges were nolle prossed due to insufficient evidence to move forward with the criminal case,” a spokesperson for the Fairfax County Commonwealth’s Attorney Office, headed by George Soros-backed Fairfax County Commonwealth Attorney Steve Descano, told Fox News Digital. “The victim told police that they had moved out of the country and would not be coming to court to cooperate in proceedings, regardless of timing. Sadly, without the victim’s necessary testimony, we could not move forward.”

Both Fairfax County Police and Descano’s office said that the decision on whether to follow Immigration and Customs Enforcement (ICE) detainers ultimately falls under the purview of the sheriff’s office, led by Stacey Kincaid. Fox News Digital reached out to the sheriff’s office for an explanation about how it handles ICE detainers and whether it cooperates, or not, with federal immigration enforcement.

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“The Fairfax County Sheriff’s Office follows all local, state, and federal laws when determining whether a person is subject to release from the ADC. Immigration and Customs Enforcement (ICE) is automatically notified any time a person is booked into the ADC. In this instance, ICE was aware of Morales Ortez’s incarceration and elected not to seek a judicial warrant to ensure he remained in custody,” Fox News Digital was told. “Accordingly, and consistent with our policies and the law, once the court issued an order dismissing his cases, Mr. Morales Ortez was released.” 

Governor-elect Abigail Spanberger, according to local Virginia news outlet WJLA-TV, is currently considering Kincaid for a top Virginia State Police position.

Virginians 4 Safe Communities, a public safety group critical of Descano, slammed the Northern Virginia county’s Soros-backed top cop amid news of Morales-Ortez’s alleged murder and the fact he was released from custody just a day before committing it.

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“For Steve Descano’s office, letting violent criminals out to commit more crimes isn’t a bug, it’s a feature. But he bungles so many cases you can’t always tell where the incompetence ends, and the ideology begins,” Sean Kennedy, Virginians for Safe Communities president, told Fox News Digital. “That a dangerous offender would go free and create more victims is so commonplace in Fairfax that may have become numb to it. Descano exploits that.”