Fairfax County Commonwealth’s Attorney Steve Descano testified on May 14, 2026, before the House Judiciary Subcommittee on Immigration Integrity, Security, and Enforcement, facing sharp questioning from Republicans — including Judiciary Chairman Jim Jordan — about a long-standing office policy that instructs prosecutors to consider certain immigration consequences when making some charging and plea decisions.
WASHINGTON — Fairfax County Commonwealth’s Attorney Steve Descano appeared before a House Judiciary subcommittee on May 14 as Republicans criticized a written office policy that asks prosecutors to consider some collateral immigration consequences in certain cases, and Democrats defended limits on local cooperation with federal immigration enforcement as a public-safety measure. (docs.house.gov)
The hearing, titled “Fairfax County, Virginia: The Dangerous Consequences of Sanctuary Policies,” was held by the House Judiciary Subcommittee on Immigration Integrity, Security, and Enforcement and included testimony from Descano and Fairfax County Sheriff Stacey A. Kincaid, among others. (docs.house.gov)
During the session, House Judiciary Chairman Jim Jordan questioned Descano about the policy and argued it could lead to different outcomes for U.S. citizens and noncitizens accused of the same crime. Descano disputed that characterization, saying the policy does not permit better outcomes for noncitizens and is intended to address limited circumstances typically involving lower-level offenses. (patch.com)
Separate reporting described the hearing as part of broader federal scrutiny of Descano’s approach. The Washington Post reported that the Justice Department had recently announced an investigation into the office’s policy of considering immigration consequences for defendants and their families in criminal cases. (washingtonpost.com)
In advance of the hearing, Jordan and Subcommittee Chairman Tom McClintock had sent Descano a letter in January seeking information about what they called “sanctuary policies” in Fairfax County, including allegations that the office restricts cooperation with federal civil immigration enforcement. (judiciary.house.gov)
