The Justice Department on Wednesday opened a civil rights investigation into Fairfax County Commonwealth’s Attorney Steve Descano over allegations his office gave preferential treatment to illegal immigrants in criminal cases, intensifying scrutiny of one of Virginia’s most prominent progressive prosecutors.
In a letter sent Wednesday, Assistant Attorney General Harmeet Dhillon said the DOJ’s Civil Rights Division is examining whether Descano’s office violated federal law by considering “immigration consequences” when making charging decisions, plea agreements, and sentencing recommendations.
The inquiry will examine whether the office discriminated against U.S. citizens by “offering preferential treatment” to illegal immigrants charged with crimes, according to the department.
“I have authorized a full investigation to determine whether the [Descano] has engaged in unlawful discrimination in violation of Title VI and the Safe Streets Act,” Dhillon wrote, referring to federal laws that prohibit recipients of federal funding from discriminating based on race, color, or national origin.
Descano, who has served as Fairfax County’s top prosecutor since 2020, campaigned as a progressive reform prosecutor and has received more than $600,000 in campaign backing from the Justice and Public Safety PAC, a political committee heavily funded by Democratic megadonor George Soros, according to public campaign finance records.
The department is also reviewing the office under a federal law enforcement misconduct statute to determine whether prosecutors engaged in “a pattern or practice” of depriving individuals of rights protected under the Constitution or federal law.
At the center of the inquiry is a 2020 policy issued by Descano’s office directing prosecutors to consider the “immigration consequences” defendants could face from criminal convictions, including possible deportation, according to a signed memorandum.
Dhillon said investigators are examining whether those policies resulted in unequal treatment for defendants based on immigration status or national origin.
“This investigation will uncover whether this prosecutor is putting the community at risk in offering sweetheart deals to illegal immigrants charged with serious crimes,” Dhillon said in a statement Wednesday.
The DOJ’s investigation comes just months after a pro-police group known as the Law Enforcement Legal Defense Fund called on the Trump administration to begin an investigation into Descano, citing in part an incident from 2019 when first-degree murder charges were dropped against Marvin Morales Ortez, despite court transcripts indicating that Descano’s office believed the then-defendant was present when the victim, Guillen Mejia, was killed after an ambushing involving Morales Ortez.
Descano in recent months has faced mounting criticism from Republicans over his sanctuary policies and handling of repeat offenders, and has even been called to testify about his alleged mishandling of criminal cases later this month before the House Judiciary Subcommittee on Immigration Integrity, Security, and Enforcement.
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Criticism of Descano has only intensified following the February killing of Stephanie Minter, a 41-year-old Fredericksburg mother who was fatally attacked at a Fairfax County bus stop. Authorities charged Abdul Jalloh, a Sierra Leone national with more than two dozen prior arrests, in the killing. As details emerged after the murder, critics accused Descano’s office of repeatedly dropping violent charges against Jalloh despite warnings about his alleged dangerousness.
Descano on May 14 will appear for a congressional hearing examining Fairfax County’s sanctuary-style policies, where he and Fairfax County Sheriff Stacey Kincaid are expected to testify.