Fairfax prosecutor accused of stonewalling Congressional illegal immigration investigation
In a letter obtained by 7News, Republican Congressmen Jim Jordan and Tom McClintock of the U.S. House Judiciary Committee explained that Fairfax County Commonwealth's Attorney Steve Descano is withholding information requested by the committee.
Right now, the U.S. House Judiciary Committee is investigating Descano for his alleged preferential treatment toward illegal immigrant defendants and criminals.
The Republican Congressmen explained that on January 15 and June 4, 2026, the Committee requested relevant materials regarding Descano's office's preferential treatment of foreign national criminals to ensure that they do not face immigration consequences for their criminality.
"Your July 2 and July 24 responses to the Committee alleged, incorrectly, that the Committee's requests were 'based on a misunderstanding' of your office's prosecution policies and claimed that the Committee lacks oversight authority over your office's pro-criminal alien policies," the letter said. "We reject those arguments and assertions and reiterate our requests for your cooperation."
The letter continues, "You [Descano] have also failed to provide the number of cases for which your office moved for the court to enter a nolle prosequi, including the nationality of the defendant in each case." Even if your office does not track the nationality of defendants, it does not follow that this information is unattainable. In at least one document provided to the Committee, for example, a criminal alien defendant was noted as 'undocumented' and a 'risk [of] flight.' If that were truly the case, it would mean that your prosecutors have routinely disregarded your directive to consider collateral immigration consequences. Finally, your new effort to minimize both the scope and the effects of your office's collateral immigration consequences policy. Accordingly, we demand that you produce the outstanding material requested in our January 15 and June 4 letters as soon as possible, but no later than 5:00 p.m. on September 7, 2026. The Committee may be forced to resort to compulsory process if these requests remain outstanding."