Fairfax County prosecutor subpoenaed as Congress investigates his immigration policies

FAIRFAX COUNTY, Va. (7News) — Congressman Jim Jordan, the Chairman of the U.S. House Judiciary Committee, sent Fairfax County Commonwealth’s Attorney Steve Descano a subpoena for documents related to the prosecutor’s policies and practices around illegal immigrant defendants.

7News has shown that Descano’s own website said his office takes immigration consequences into account in charging and plea decisions. Descano’s office has repeatedly dropped charges against illegal immigrants and has given illegal immigrants lenient plea deals.

“On January 15 and June 4, 2026, the Committee requested relevant materials regarding your office’s preferential treatment of foreign national criminals to ensure that they do not face immigration consequences for their criminality,” Jordan wrote to Descano. “In response, you have objected to the Committee’s requests. As a result, you have failed to provide the Committee with the majority of the responsive documents and information, instead only producing limited materials, including your office’s prosecution policies and certain court documents related to a small number of criminal aliens.”

This year, Descano was summoned to testify at a U.S. House Judiciary hearing about his so-called "sanctuary policies" for illegal immigrants. Following that hearing, Jordan’s committee has been seeking documents and information from Descano. The Congressman claims in his letter that Descano has been stonewalling that effort, which compelled the committee to issue a subpoena.

“Your office’s lenient treatment of foreign national criminals endangers communities and ensures that criminal aliens escape both criminal and immigration accountability for their actions,” wrote Jordan. “For months, you have failed to fully comply with the Committee’s requests. Despite multiple opportunities—both at a public hearing and in three responses to the Committee’s June 4 letter—to clarify your policies and their effects on specific cases, you have refused to do so. Although you have provided your office’s written policies, limited immigration-related communications, and certain court documents, you have failed to produce all documents and communications referring or relating to the office’s prosecution policies of non-U.S. citizens."

Jordan accused Descano of not adequately providing proof that his office did not "consider immigration consequences" in multiple cases identified by the Judiciary Committee.

"Given the damaging consequences the individuals’ criminality has had on northern Virginia communities, your refusal to deny that your office considered immigration consequences in these matters speaks volumes. Instead of answering the Committee’s basic questions, you have resorted to blaming crime victims for your office’s repeated lack of prosecution in certain cases," Jordan wrote.