Fairfax County Commonwealth’s Attorney Steve Descano defended his office’s policy on prosecuting illegal immigrants during a heated congressional hearing on Thursday. The hearing, titled “Fairfax County, Virginia: The Dangerous Consequences of Sanctuary Policies,” focused on Descano’s recent removal of a campaign pledge to consider immigration consequences when prosecuting illegal immigrants.
Core Facts:
- Descano removed a campaign statement promising leniency for illegal immigrants accused of crimes.
- He argued the statement was a campaign promise, not an official policy, and denied his office avoids prosecuting based on immigration status.
Deeper Dive & Context:
Policy Shift and Congressional Scrutiny
Descano’s campaign website previously stated his office would weigh immigration consequences when making charging and plea decisions. The language was removed before the hearing, prompting questions from Rep. Jim Jordan (R-OH), chairman of the House Judiciary Committee. Jordan questioned why the policy was changed and whether Descano’s campaign promises align with his official actions.
Descano’s Defense:
Descano insisted the removed statement was a campaign position from 2019, not an official policy. He called voters “obtuse” for expecting campaign promises to directly translate into policy. He also denied his office avoids prosecuting illegal immigrants, stating, “My policies do not say that we do not prosecute based on immigration status.”
DOJ Investigation:
The Department of Justice (DOJ) is investigating whether Descano’s office offered preferential treatment to illegal immigrant defendants. The probe stems from a 2020 policy that directed prosecutors to consider immigration consequences in charging decisions. Critics point to the case of Marvin Fernando Morales Ortez, a 23-year-old released in December 2025 after Descano chose not to prosecute him for felony malicious wounding.
Opposing Perspectives:
- Supporters of Descano argue his approach prioritizes community safety and avoids unnecessary family separations.
- Critics, including Jordan, claim Descano’s policies endanger public safety by releasing violent offenders and failing to cooperate with immigration enforcement.
Political Context:
Descano, who has faced two recall efforts, is up for reelection in 2027. His policies have drawn national attention, particularly from conservative lawmakers who accuse him of implementing “sanctuary” policies that protect illegal immigrants over American citizens.
Impact on Fairfax County:
The hearing highlighted concerns about crime and immigration enforcement in Fairfax, once considered one of America’s safest counties. The case of Stephanie Minter, allegedly murdered by an illegal immigrant, fueled criticism of Descano’s office and Sheriff Stacey Ann Kincaid for not honoring ICE detainers.