FAIRFAX, Va. (CN) - The U.S. Department of Justice on Wednesday notified Fairfax County Commonwealth's Attorney Steven Descano of a federal investigation over if his officer discriminated against U.S. citizens by offering preferential treatment only to criminal defendants who are in the country illegally.
The DOJ's Civil Rights Division says it will investigate the plea bargaining, charging decisions and sentencing policy of the Office of the Fairfax Commonwealth's Attorney.
"Under my leadership, the Civil Rights Division will not allow local prosecutors to pick and choose winners based on their immigration status," said Assistant Attorney General Harmeet K. Dhillon of the Justice Department's Civil Rights Division in a statement. "This investigation will uncover whether this prosecutor is putting the community at risk in offering sweetheart deals to illegal immigrants charged with serious crimes."
According to the DOJ, Descano's office adopted a policy in December 2020 that instructs attorneys to consider immigration consequences for defendants. The department said it would be looking into whether that policy violates Title VI of the Civil Rights Act or the Safe Streets Act, both of which "prohibit recipients of federal financial assistance from discriminating based upon race, color or national origin."
In a statement, the Office of the Fairfax Commonwealth's Attorney criticized the investigation as another of Trump's attempts to weaponize the DOJ against Democrats.
"This investigation is the latest example of the Trump Administration's own 'pattern or practice' of misusing the Justice Department to launch partisan attacks. DOJ's letter announcing the investigation distorts the office's policy - which has been in place, publicly, for over 5 years - and happened to arrive just a week before Commonwealth Attorney Descano is set to testify before Congress. Our office's policies are fair, legal, and reflect the values of Fairfax County, and we will not be distracted from our mission of keeping this community safe and holding individuals accountable when they commit crimes."
Descano is scheduled to testify on May 14, before the House Judiciary Subcommittee on Immigration Integrity, Security, and Enforcement.
Complaints about Descano have been ongoing for some time, Sean Kennedy, director of policy at the Law Enforcement Legal Defense Fund, claims.
In a recent statement, Democrat Governor Abigail Spanberger said she strongly believes violent criminals who are in the United States illegally should be prosecuted to the fullest extent of the law and deported.
"Great. Perfect," Kennedy said. "But the problem with that statement regarding Steve Descano is people are not being prosecuted to the fullest [extent]."
His organization brought their issues to the DOJ in a lengthy letter claiming Descano's policies aid immigrants without legal status who are accused of crimes in a way that help them avoid deportation and endanger others.
"I received notice of a Department of Justice investigation into my office regarding one of our policies," Descano said. "My policies are fair, legal, and reflect the values of my community."
Law Enforcement Legal Defense Fund claims that under Descano, a Honduran national charged with illegal entry in 2018 and ordered deported was reportedly allowed to stay pending appeal.
The man "went on to be arrested for multiple felony sex crimes against children, bail and probation violations, breaking and entering/burglary, and theft between 2021 and 2023. Every felony charge was dropped or downgraded to a misdemeanor (making the offender ineligible for deportation)," Jason C. Johnson, president of the Law Enforcement Legal Defense Fund, claims.
In February, the Department of Homeland Security called on the state to honor immigration detainers after 41-year-old Stephanie Minter was murdered at a bus stop earlier this year in Fairfax. The man accused of killing her, Abdul Jalloh, 32, has lived in the U.S. illegally since 2012, according to Immigration and Customs Enforcement. Kennedy says the issue needs a fair investigation, possibly followed by a court order.
Source: Courthouse News Service
