the U.S. Department of Justice (DOJ) officially notified Fairfax County Commonwealth’s Attorney Steve Descano that it has opened a federal civil rights investigation into his office. The probe focuses on whether his charging and plea-bargaining policies unfairly discriminate against U.S. citizens by granting preferential treatment to undocumented immigrants.
Thank you for reading this post, don't forget to subscribe!The Core of the Investigation
The investigation, led by Assistant Attorney General Harmeet K. Dhillon of the DOJ’s Civil Rights Division, centers on a policy Descano implemented in 2020. This policy instructs prosecutors to consider “collateral immigration consequences”—such as potential deportation—when deciding on criminal charges or plea deals.
- Federal Allegations: The DOJ is investigating if this practice results in “sweetheart deals” for non-citizens that are unavailable to U.S. citizens facing similar charges.
- Legal Basis: The probe is being conducted under Title VI of the Civil Rights Act of 1964 and the Safe Streets Act, which prohibit discrimination in programs receiving federal funding.
“The Civil Rights Division will not allow local prosecutors to pick and choose winners based on their immigration status. This investigation will uncover whether this prosecutor is putting the community at risk in offering sweetheart deals to illegal immigrants charged with serious crimes.” — Assistant Attorney General Harmeet K. Dhillon
Broader Conflict in Northern Virginia
The move against Descano is part of a wider federal crackdown on “sanctuary” prosecutorial practices in the region:
- Arlington County Subpoena: Just days earlier, on May 4, 2026, the House Judiciary Committee subpoenaed Arlington County Commonwealth’s Attorney Parisa Dehghani-Tafti. The committee is seeking records related to her office’s alleged refusal to cooperate with ICE and its “soft-on-crime” approach to non-citizen defendants.
- DHS Criticism: The Department of Homeland Security recently condemned specific plea deals in Northern Virginia, arguing that prioritizing the immigration status of defendants over the safety of the community undermines the rule of law.
Descano’s Defense
In a statement released via X (formerly Twitter), Descano denied any wrongdoing, maintaining that his office’s policies are “fair, legal, and reflect the values of my community.” He argued that considering the full scope of a sentence’s impact—including deportation—is a matter of ensuring “proportionate justice.”
Current Status: The DOJ emphasized that it has not yet reached a final conclusion. The investigation remains ongoing, and the department is currently reviewing evidence and seeking information from the public.
