A Virginia prosecutor admitted during congressional testimony that he could not confirm whether his office gave preferential treatment to an illegal alien charged with sexually assaulting a minor, raising questions about policies that weigh immigration status when prosecuting crimes.

Tense Exchange Over Charging Decisions

Representative Brandon Gill confronted Fairfax County Commonwealth’s Attorney Steve Descano during a House Judiciary subcommittee hearing on May 15. Gill forced Descano to acknowledge that his office maintains policies considering defendants’ immigration status and potential deportation consequences when determining charges, plea agreements, and sentencing recommendations. When questioned about Jose Cortez Mendez, a Guatemalan national arrested in March 2024 for alleged sexual assault of a 13-year-old, Descano repeatedly avoided explaining why prosecutors reduced felony charges to a misdemeanor carrying only 90 days in jail.

Descano eventually stated he did not believe immigration status influenced the Mendez case, adding “I don’t believe so” when Gill pressed him directly. The prosecutor distanced himself from the decision by noting he was not the lead attorney on the case, while simultaneously claiming the charging attorney “should not have” considered immigration status. His testimony suggested his own policies may have been misapplied by prosecutors under his supervision without his knowledge.

Pattern of Controversy

The hearing comes amid growing scrutiny of Descano’s office following the February stabbing death of Stephanie Minter, 41, allegedly by an illegal alien from Sierra Leone with more than 30 prior arrests. The Justice Department launched a civil rights investigation into whether Descano’s office systematically protects criminal defendants from immigration enforcement. Critics point to multiple cases where illegal aliens charged with serious crimes received reduced charges or lenient sentences in Fairfax County.

What This Means

The testimony highlights tensions between local prosecutors and federal immigration enforcement priorities. Descano’s admission that his office maintains written policies weighing immigration consequences contradicts his claim that such factors did not influence specific cases. The hearing provided ammunition for lawmakers arguing that some prosecutors prioritize shielding illegal aliens from deportation over public safety. With the Justice Department now investigating and congressional oversight intensifying, Descano’s prosecutorial practices face mounting pressure from federal authorities and elected officials concerned about selective enforcement based on immigration status.