U.S. House of Representatives Committee on the Judiciary

09/16/2026 | Press release | Distributed by Public on 09/16/2026 08:56

Chairman Jordan Subpoenas Prosecutors in Fairfax County and Boulder for Information on their Sanctuary Policies

WASHINGTON, D.C. - Today, House Judiciary Committee Chairman Jim Jordan (R-OH) subpoenaed Fairfax County Commonwealth's Attorney Steve Descano and Boulder District Attorney Michael Dougherty for information on their office's sanctuary policies, including their preferential treatment of illegal aliens to ensure that they do not face immigration consequences for their criminality. Despite boasting about his office's pro-criminal alien policies for years and testifying in May 2026 that he was proud of the work his office has done, Descano has refused to identify the cases in which prosecutors in his office followed his own written policies and considered immigration consequences for foreign national criminals. Dougherty has failed to produce even a single document in response to the Committee's requests after more than three months.

Failing to prosecute or under-prosecuting foreign nationals so that immigration consequences can be avoided implicates Congress's clear power over immigration, which the Supreme Court repeatedly has recognized.

Descano's and Dougherty's pro-illegal alien policies appear intentionally designed to thwart this authority. Their offices' lenient treatment of foreign national criminals endangers communities and ensures that criminal aliens escape both criminal and immigration accountability for their actions. Moreover, preferential treatment of foreign nationals by their offices may also violate federal civil rights laws.

Read the subpoena cover letter to Fairfax County Commonwealth's Attorney Steve Descano here.

Read the subpoena cover letter to Boulder District Attorney Michael Dougherty here.

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