The Department of Homeland Security says 23‑year‑old Marvin Morales‑Ortez, who entered the U.S. illegally in 2016 and was later labeled a "non‑enforcement priority," was arrested in connection with a Fairfax County homicide a day after local charges against him were dropped. Prosecutors say earlier charges were dismissed because the alleged victim left the country and would not cooperate; the sheriff’s office said ICE did not pursue a judicial warrant to keep him detained. DHS officials and critics blamed local policies that limit compliance with ICE detainers, while local offices point to legal constraints and prosecutorial discretion as factors in the release.
DHS: Migrant Marked a 'Non‑Enforcement Priority' Accused in Fairfax County Homicide
Steve Descano is the Commonwealth's Attorney in Fairfax County.
The Department of Homeland Security and local officials are responding after a 23‑year‑old man living in the United States without authorization was arrested in connection with a fatal shooting in Fairfax County, Virginia, the day after he was released from local custody.
Police discovered a man shot to death inside his Fairfax County home on Wednesday. Authorities identified the principal suspect as Marvin Morales‑Ortez, a 23‑year‑old national of El Salvador. According to court and law enforcement records, Morales‑Ortez had been held on Tuesday on malicious wounding and brandishing a firearm charges, but those charges were dismissed by the Fairfax County Commonwealth’s Attorney’s Office and he was released; the alleged homicide occurred the following day.
Per the Department of Homeland Security (DHS), Morales‑Ortez first entered the United States near Hidalgo, Texas, in September 2016. DHS also says he was released into the country during the Obama administration and that, in 2022, the Biden administration dismissed his immigration proceedings and later marked him as a "non‑enforcement priority." These characterizations come from DHS statements and have been repeated by federal officials.
"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," DHS Assistant Secretary Tricia McLaughlin said in a statement. "Fairfax County refused to honor ICE’s detainer and released 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."
The Fairfax County Commonwealth’s Attorney’s Office—led by Steve Descano—told reporters prosecutors dropped the earlier charges because the alleged victim left the country and would not cooperate with court proceedings. "The charges were nolle prossed due to insufficient evidence to move forward with the criminal case," a spokesperson said. Without the victim’s testimony, prosecutors said they could not proceed.
Fairfax County Police and the Commonwealth’s Attorney’s Office noted that decisions about honoring Immigration and Customs Enforcement (ICE) detainers are handled by the Fairfax County Sheriff’s Office, which is led by Sheriff Stacey Kincaid. In response to questions, the Sheriff’s Office said it follows applicable local, state and federal law when deciding whether someone should remain in custody. The office told reporters that ICE was automatically notified when Morales‑Ortez was booked and that ICE elected not to seek a judicial warrant to keep him detained.
Local investigators say Morales‑Ortez faced at least seven prior charges in Fairfax County at the time of his latest arrest, and some law enforcement sources have identified him as a suspected associate of the MS‑13 gang. After a manhunt, authorities located and arrested him.
Critics of the Commonwealth’s Attorney seized on the case. Virginians for Safe Communities, a public‑safety group critical of Descano’s policies, called the releases symptomatic of a broader problem and urged tougher enforcement. Supporters of the Commonwealth’s Attorney and of local discretion over detainers argue that prosecutorial decisions and legal standards, including witness cooperation, determine whether cases proceed.
As the investigation continues, federal and local authorities are reviewing case files, charging decisions and the handling of detainer and immigration notifications. The community and officials continue to seek answers about how the suspect was released and what steps might prevent similar incidents in future.
Note: Statements about immigration history and federal designations are attributed to DHS; prosecutorial and sheriff’s office statements are attributed to their respective offices.
