Jim Jordan Subpoenas DAs in Sanctuary Counties Over Alleged Preferential Treatment

House Judiciary Committee Chairman Jim Jordan, R-Ohio, has subpoenaed the district attorneys of Fairfax County, Virginia, and Boulder County, Colorado, accusing both jurisdictions of providing preferential treatment to undocumented immigrants accused of crimes. The subpoenas mark an escalation of the committee's efforts to scrutinize sanctuary jurisdictions.

Jordan's letters to Fairfax County Commonwealth's Attorney Steve Descano and Boulder County District Attorney Michael Dougherty state that "despite repeated requests for responsive documents and communications, you have not produced a single document." The letters further allege that the DAs' offices have failed to comply with the committee's requests.

Jordan has been investigating district attorneys who are accused of considering immigration status when prosecuting criminal complaints, regardless of whether the alleged crime is related to a suspect's legal status. He stated that "lenient treatment of foreign national criminals endangers communities and ensures that criminal aliens escape both criminal and immigration accountability for their actions."

The probe comes as Descano's office has faced scrutiny following the stabbing death of Stephanie Minter, a U.S. citizen. The suspect, who allegedly entered the U.S. illegally from Sierra Leone in 2012, had been arrested more than 30 times previously, according to the Department of Homeland Security. Descano's office issued plea bargaining guidance in 2020 that suggested prosecutors "consider immigration consequences where possible."

A spokesperson for Descano's office responded to the subpoena, expressing disappointment with the "needless escalation" and calling it a "partisan siege on Fairfax County residents and their values that does nothing to improve public safety." The spokesperson added that the office has provided over 1,100 pages of documents and testified voluntarily, and remains focused on public safety.

Meanwhile, Dougherty, who recently lost his bid for Colorado Attorney General, told Boulder Reporting Lab in May that Jordan's investigation was "political theater that ignores serious failures within the federal immigration system." Boulder implemented an ordinance in 2017 directing government employees not to cooperate with federal immigration authorities or inquire about a person's immigration status.

Both Boulder and Fairfax counties are designated as sanctuary jurisdictions, meaning local law enforcement is not mandated to cooperate with federal immigration enforcement.

Jordan, along with Rep. Tom McClintock, R-Calif., who chairs the Judiciary subcommittee on immigration enforcement, has previously indicated a willingness to issue subpoenas if district attorneys did not comply with requests for information. Jordan stated in August that the committee "want[s] to know the facts."