FAIRFAX COUNTY, Va. — The U.S. Department of Justice has launched a federal civil rights investigation into Fairfax County Commonwealth’s Attorney Steve Descano over allegations that his office gave preferential treatment to illegal immigrant defendants in charging, plea bargaining, and sentencing decisions.
The investigation, announced Wednesday by the Justice Department’s Civil Rights Division, will examine whether Descano’s office discriminated against U.S. citizens by offering more favorable outcomes to non-citizens charged with crimes.
Assistant Attorney General Harmeet K. Dhillon said the probe will focus on whether Fairfax prosecutors “pick and choose winners based on immigration status,” potentially placing public safety at risk.
DOJ Targets Fairfax Prosecutor’s Immigration-Related Policies
Federal officials said the investigation will review policies tied to plea agreements, prosecutorial discretion, and sentencing recommendations made by the Fairfax Commonwealth’s Attorney’s Office.
“Under my leadership, the Civil Rights Division will not allow local prosecutors to pick and choose winners based on their immigration status,” Dhillon said in a statement released Wednesday. “This investigation will uncover whether this prosecutor is putting the community at risk in offering sweetheart deals to illegal immigrants charged with serious crimes.”
The Justice Department emphasized that investigators have not yet reached conclusions regarding the allegations.
The probe will proceed under several federal statutes, including Title VI of the Civil Rights Act of 1964, the Safe Streets Act, and the federal law enforcement misconduct statute codified under 34 U.S.C. § 12601.
Key Points
• DOJ opened a federal investigation into Fairfax County Commonwealth’s Attorney Steve Descano
• Investigators will examine plea bargains, charging decisions, and sentencing recommendations
• Federal officials allege illegal immigrant defendants may have received preferential treatment
Federal Scrutiny Expands Beyond Immigration Enforcement
The investigation marks another escalation in the Justice Department’s scrutiny of local prosecutors accused of implementing policies that conflict with federal priorities on immigration and public safety.
Descano, a progressive prosecutor first elected in 2019, has previously faced criticism from conservatives over criminal justice reforms and policies viewed as lenient on certain offenders.
Wednesday’s announcement did not identify specific criminal cases or defendants tied to the allegations.
However, the Justice Department signaled concern that immigration status may have influenced prosecutorial outcomes in ways that disadvantaged U.S. citizens.
Federal investigators said similar civil rights investigations in other jurisdictions have previously resulted in negotiated reform agreements after violations were identified.
Questions Surround Plea Bargains and Sentencing Decisions
The DOJ announcement focused heavily on whether Fairfax prosecutors improperly considered immigration consequences when negotiating criminal cases.
Critics of sanctuary-style policies have long argued that some local prosecutors reduce charges or negotiate plea deals specifically designed to help non-citizens avoid deportation proceedings.
Supporters of those practices often argue prosecutors should consider the broader impact of criminal convictions, including family separation and immigration consequences, when resolving cases.
The Justice Department’s statement did not accuse Descano or his office of criminal wrongdoing, but officials indicated investigators will review whether prosecutorial practices violated federal civil rights protections.
The Civil Rights Division encouraged individuals with information related to the investigation to submit complaints through the department’s online reporting portal.
Investigation Adds Pressure on Progressive Prosecutors
The Fairfax County investigation comes amid growing national debate over progressive prosecutors, immigration enforcement, and equal application of the law.
Republican lawmakers and Trump administration officials have increasingly argued that local prosecutors should not treat immigration status as a mitigating factor in criminal cases.
Supporters of stricter enforcement say public confidence in the justice system depends on equal treatment regardless of citizenship status.
Descano’s office had not publicly responded to the Justice Department announcement as of Wednesday evening.
The federal investigation remains ongoing, and the Justice Department said no findings have yet been made regarding whether Fairfax County prosecutors violated federal law.
