Testimony from Fairfax County’s Commonwealth’s Attorney

On Thursday, Fairfax County Commonwealth’s Attorney Steve Descano discussed the perception voters have regarding his campaign pledges, mentioning they seem “insensitive” to the need for him to uphold those promises.

During a tense exchange with Rep. Jim Jordan from Ohio, Descano faced questions about removing immigration policies from his website just weeks ahead of a hearing with the House Judiciary Subcommittee focused on Immigration Justice, Security, and Enforcement. Descano pointed out that campaign promises aren’t the same as actual policies.

“My policy does not claim that I will refrain from prosecuting based on immigration status,” he explained.

“So, if that isn’t your policy, why was the website altered?” Jordan pressed.

Descano responded, “Because that’s not my policy. It was a statement made during my campaign—which, I think, some people fail to recognize. There’s a difference between a campaign statement and what dictates office policy.”

His campaign site previously stated that immigration factors are assessed during prosecutorial decisions, though this wording has now been removed. Throughout Jordan’s questioning, Descano declined to elaborate on why that statement vanished right before the hearing.

Additionally, the Department of Justice has initiated an inquiry into whether Descano’s office might have favored defendants who are illegal immigrants over American citizens. Interestingly, his own office is in charge of this investigation. According to a document from 2020, there’s a note that immigration implications should be considered as much as possible during prosecutions.

In one notable case, 23-year-old Marvin Fernando Morales Ortez was released on December 16, 2025, after Descano opted not to pursue significant bodily injury charges. Just a day later, he faced second-degree murder allegations related to the shooting of Marvin Ernesto Morales at a Virginia apartment complex.

In another incident, illegal immigrant Walvin Victor Hugo Garcia was released after being taken into custody by Immigration and Customs Enforcement on May 1. He had been charged with multiple serious offenses, including child rape and drug distribution involving minors. A representative from the Department of Homeland Security criticized local politicians, claiming they released a dangerous individual, thus endangering communities.