House Judiciary Committee Chairman Jim Jordan, R-Ohio, is warning that subpoenas could be issued if county prosecutors accused of considering immigration status in criminal cases do not cooperate with his committee's investigation.
Jordan's panel is examining district attorneys in so-called sanctuary jurisdictions who have been criticized for taking defendants' immigration standings into account when pursuing charges, even when the alleged crimes are unrelated to their legal status. The investigation centers on Fairfax County, Virginia, and its DA Steve Descano.
What the Right Is Saying
"This is one of the dumbest policies I've ever heard of. You're going to tell local law enforcement not to work with federal law enforcement when it comes to enforcing federal law?" Jordan told Fox News Digital, referring to sanctuary county policies generally.
Jordan cited the stabbing death of Stephanie Minter, a 41-year-old U.S. citizen in Fairfax County whose accused killer entered the United States illegally from Sierra Leone in 2012 and had been arrested more than 30 times before the killing. The Department of Homeland Security confirmed those prior arrests.
"You have people like Mr. Descano, who are releasing bad guys, and they have a stated policy saying, 'We will look at their immigration status before we make a decision on charging,'" Jordan said. "And then you have bad things happen."
Jordan argued that Fairfax County's proximity to Washington, D.C., makes its sanctuary policies particularly concerning from a national security standpoint.
"That's definitely a concern that I think probably any American with common sense would have," he said.
What the Left Is Saying
Progressive criminal justice advocates argue that sanctuary policies exist to protect due process rights and encourage undocumented residents to cooperate with local law enforcement without fear of deportation. They contend that characterizing these policies as soft on crime misrepresents their intent.
Civil liberties groups maintain that federal subpoenas targeting locally elected prosecutors represent governmental overreach into matters traditionally handled at the county level. They note that voters in Fairfax County elected Descano and his approach to prosecution.
Defense attorneys have argued in similar cases across the country that considering collateral immigration consequences during plea negotiations is not unusual or improper, but rather part of ensuring defendants understand the full implications of pleading guilty.
What the Numbers Show
According to records reviewed by Fox News Digital, Fairfax County refused 615 ICE transfer requests and turned over just 11 illegal immigrants in recent years, making it one of the most restrictive sanctuary jurisdictions in the region.
Descano's 2019 campaign for DA received hundreds of thousands of dollars from Justice and Public Safety PAC, which lists billionaire George Soros among its backers. Descano has led the Fairfax County District Attorney's Office since January 2020.
In his first year in office, Descano issued plea bargaining guidance stating prosecutors should "consider immigration consequences where possible" and consider "the collateral immigration consequences of the specific crime(s) the defendant is charged with," according to WTOP News reporting on the policy document.
The committee has also signaled interest in Manhattan DA Alvin Bragg and Philadelphia DA Larry Krasner, both of whom have faced similar criticism from Republican lawmakers over their prosecution priorities.
The Bottom Line
Jordan said his committee will continue requesting documents from Descano's office before determining whether to issue subpoenas. "We ask for things, we ask again, we explain why, we work with their office — in some cases their counsel — and back and forth," he explained. "And then if we have to use subpoenas, we certainly will do that."
Fox News Digital reached out to Descano's office for this article but did not receive a response by publication time.
The investigation represents an escalation of congressional oversight into local prosecutors whose policies diverge from the Trump administration's immigration enforcement priorities. What remains unclear is whether any findings would translate into legislative action or serve primarily as political messaging ahead of upcoming elections.