The U.S. Justice Department officially launched a federal investigation Wednesday into Fairfax County Commonwealth’s Attorney Steve Descano, looking into allegations that his office provides preferential treatment to illegal immigrants while discriminating against U.S. citizens.
The probe, spearheaded by the Civil Rights Division, focuses on how Descano’s team handles plea bargains, charging decisions, and sentencing.
Federal officials are specifically scrutinizing a policy Descano adopted in December 2020. That internal guidance instructs assistant prosecutors to consider “collateral immigration consequences” when deciding how to charge a defendant or what kind of plea deal to offer.
The DOJ is investigating whether this practice creates a two-tiered justice system that violates Title VI of the Civil Rights Act of 1964 and the Safe Streets Act, both of which bar federal fund recipients from discriminating based on national origin or race.
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Assistant Attorney General Harmeet K. Dhillon, who leads the Civil Rights Division, stated that the investigation aims to determine if the local prosecutor is “picking and choosing winners” based on their legal status.
Dhillon noted that the inquiry will uncover if the office is putting the public at risk by offering what she described as “sweetheart deals” to non-citizens charged with serious offenses.
The investigation is also being conducted under 34 U.S.C. § 12601, a statute that allows the federal government to look for a “pattern or practice” of misconduct that deprives individuals of their Constitutional rights. In a formal letter sent to Descano’s office, the DOJ clarified that it has not yet reached any final conclusions regarding the allegations.
Descano, who was elected on a platform of progressive prosecutorial reform, has long defended the policy as a way to ensure that minor criminal charges do not lead to disproportionate penalties, such as deportation, for non-citizens.
However, federal investigators say they are now looking to see if that leniency is being applied in a way that unfairly disadvantages American citizens facing similar charges.
Representatives from the Civil Rights Division’s Special Litigation and Federal Coordination sections are expected to meet with Fairfax officials shortly to begin reviewing case files and office records.
While the DOJ noted it often resolves these investigations through settlement agreements and reforms rather than litigation, the probe marks a significant escalation in the federal oversight of local Virginia law enforcement practices.
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