By Hudson Crozier
An illegal immigrant with several prior charges was freed from jail in Fairfax County, Virginia, despite Immigration and Customs Enforcement (ICE) requesting his detention — and went on to kill a man Wednesday, the agency said.
Marvin Morales-Ortez of El Salvador was in the country illegally before police say he gunned down a Reston resident, according to an ICE spokesperson. In addition to ignoring ICE’s detainer request, the county dropped his charges of assault causing injury, brandishing or pointing a firearm, assaulting law enforcement and disorderly conduct that he received between August 2023 and September 2025, court records show. (RELATED: Sanctuary State Allows Illegal Immigrant To Walk After Fatal Truck Crash Despite Fed’s Request)
“Fairfax County failed the victim by refusing to work with ICE and releasing this criminal alien onto Virginia streets instead of safely into ICE custody,” the ICE spokesperson said. “If Fairfax County would have simply worked to uphold our nation’s laws, then this tragedy may have never happened.”
Fairfax County’s chief prosecutor, Steve Descano, has dropped criminal charges against non-citizens in a number of cases, apparently to prevent them from being deported based on their crimes. Critics say that Descano is effectively favoring non-citizens over U.S. citizens in doing so, and endangering public safety by letting serious criminals walk free after they engage in violent or life-threatening conduct.
A county spokesperson did not respond to the DCNF’s request for comment. Court records do not list a defense attorney in Morales-Ortez’s current case. He is being held in custody on a second-degree murder charge, according to court records.
Morales-Ortez was also accused of murder in 2021, but the charge was dropped after someone else was deemed responsible, ABC 7 reported, citing a statement from the Fairfax County Commonwealth’s Attorney. Morales-Ortez was only convicted in Fairfax County over a June 2024 theft charge by failing to appear in court, documents show. He received no jail time and a $300 fine that he never fully paid.
After his Tuesday release from jail, the local Community Services Board (CSB) obtained an emergency custody order for Morales-Ortez and police began trying to locate him, the Fairfax County Police Department said in an X post. Such orders are filed when officials believe an individual has a mental health issue and poses a danger to himself or others.
Police did not find Morales-Ortez at his listed residence before the order expired in eight hours. A shooting was then reported in Reston on Wednesday afternoon, sparking a manhunt that led to Morales-Ortez’s arrest for allegedly killing a man in his home, Fox 5 reported.
