Fairfax Prosecutor Testifies on Charging Decisions After Congressional Subpoena

Steve Descano, the Commonwealth’s Attorney for Fairfax, Virginia, testified before the House Judiciary Subcommittee on Immigration Integrity, Security, and Enforcement on May 14, 2026, after receiving a congressional subpoena. During the hearing, Descano apologized to Cheryl Minter, whose daughter Stephanie was murdered by an illegal immigrant previously arrested on rape, robbery, and violent assault charges, nearly all of which Descano’s office had dropped.

Descano’s office dropped a felony strangulation charge against a twice-deported individual, allowing a misdemeanor plea. The office also reduced sexual battery charges involving a child under 13. Fairfax County recorded a 92 percent increase in violent crime during Descano’s tenure, according to data presented at the hearing.

Descano stated under oath that immigration status did not influence charging decisions. His office website previously stated that charging and plea decisions would, wherever possible, limit or avoid immigration consequences. The Department of Justice is investigating whether the policy constitutes an equal-protection violation.

>"It took a congressional subpoena to get Steve Descano... " — Jason Miyares, May 26, 2026 (City Journal) The Fairfax Adult Detention Center released 1,150 individuals despite active ICE detainers during the period covered by the testimony.

Descano described his approach as intended to build community trust. Critics at the hearing argued that reduced prosecutions of serious offenses undermined accountability.