Republican Congressman Grills DA on Whether Convicted Sex Predator’s Light Sentence Was Influenced by Immigration Status

Rep. Brandon Gill (R-TX) grilled a prosecutor on Thursday over the charges brought against an illegal immigrant and convicted sex predator.

At a Thursday hearing, Fairfax County Commonwealth’s Attorney Steve Descano faced tough questioning over policies related to his office’s handling of criminal illegal aliens. Gill read a portion of a policy from Descano’s office that says in some cases, the “detrimental impact” of deportation on a family should be weighed.

Gill pressed Descano if that policy was in part why Ander Cortez-Mendez, 21, was given a suspended 90-day jail sentence and charged with consensual sex with a minor. The illegal migrant was convicted in 2024 for the alleged sexual abuse of a minor.

“Ander Cortez-Mendez is a convicted sex offender, and exactly the type of illegal alien that ICE officers seek to remove from Washington, D.C. and Virginia,” ICE Enforcement and Removal Operations Washington, D.C. Field Office Director Russell Hott said in a statement. “We refuse to allow such offenders to continue to threaten the residents of our neighborhoods. ICE Washington, D.C. and our law enforcement partners will continue to arrest and remove criminal aliens from the streets of our communities.”

Gill used his time on Thursday to focus on the case. Descano argued that the eventual charge was “evidentiary-based” and that the policy Gill mentioned should not have had an influence on the case.

“Okay, this is a Guatemalan illegal alien who was arrested in March of 2024. He was initially charged with quote,’ carnal knowledge of a 13-to-14-year-old.’ Just for those of us who aren’t lawyers, can you describe just very briefly, what does carnal of a 13-to-14-year-old mean in this context?” Gill asked.

“Well, sir, generally, a charge like that would typically refer to underage sex,” Descano said.

“Okay, so he raped an underage person, an illegal alien who raped an underage American. Your office reduced those charges to a misdemeanor charge of consensual sex with a child 15 years and older. You offered him a 90-day suspended jail sentence. Is that correct?” Gill asked.

“Sir, based on the evidence that we had in the case—” Descano began to explain.

“So it is correct?” Gill said, jumping in.

“But it’s not related to the policy, sir,” Descano shot back, explaining that the specific case would not fall under the narrow guidelines.

The two went into a back-and-forth with Gill repeatedly asking whether the defendant’s immigration status had anything to do with the light sentencing.

“I don’t believe so,” Descano said, insisting no immigration-based policy influenced the case.

He explained that the eventual charge was based on available evidence at the time.

“Oftentimes, as you know, sir, as a prosecutor, you know, we’re constrained by the evidence,” he said.

Watch above via WJLA.

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