The Justice Department has opened an investigation into Fairfax County Commonwealth’s Attorney Steve Descano over allegations that his office gave preferential treatment to illegal immigrants in criminal cases. Federal officials say the probe will focus on whether Descano’s policies violated civil rights laws by treating defendants differently based on immigration status.
The DOJ informed Descano on Wednesday that investigators are reviewing his office’s plea bargaining, charging, and sentencing practices. At the center of the investigation is a policy instructing prosecutors to consider the immigration consequences defendants could face when making legal decisions in criminal cases.
Assistant Attorney General Harmeet Dhillon, who leads the DOJ’s Civil Rights Division, said the department would not tolerate prosecutors “pick and choose winners based on their immigration status.” She argued the investigation would determine whether Fairfax County prosecutors endangered the public by offering what she described as favorable deals to illegal immigrants charged with serious crimes.
The Justice Department is examining whether Descano’s office violated Title VI of the Civil Rights Act and the Safe Streets Act. Investigators are also looking into whether the office engaged in a broader pattern of misconduct that deprived people of rights protected under federal law.
The scrutiny stems in part from policies implemented after Descano took office in 2019. His office directs prosecutors to weigh “collateral immigration consequences” when negotiating pleas or recommending sentences. Supporters of those policies argue that criminal convictions can carry life-altering immigration penalties, including deportation, and prosecutors should take that into account when pursuing justice.
During his campaign, Descano publicly defended that position. A statement previously posted on his campaign website argued that if two people commit the same crime but only one faces deportation as part of the punishment, the outcome is unfair. That language was later removed from the site.
Descano has faced growing criticism in recent months over several high-profile criminal cases. Critics pointed to the sentencing of Maldin Anibal Guzman and Wis Alonso Sorto-Portillo, two illegal immigrants convicted in the killing of Nicacio Hernandez Gonzalez in Oakton, Virginia. Both men received five-year prison sentences after pleading guilty in the case, drawing backlash from opponents who viewed the punishment as too lenient.
Another controversy involved Abdul Jalloh, an illegal immigrant from Sierra Leone accused of fatally stabbing 41-year-old Stephanie Minter earlier this year. Reports indicated Jalloh had previously faced multiple criminal charges, including rape, assault, and grand larceny, many of which were later dropped by Descano’s office before the fatal attack occurred.
The investigation also comes ahead of Descano’s scheduled testimony before the House Judiciary Committee at a hearing titled “Fairfax County, Virginia: The Dangerous Consequences of Sanctuary Policies.”
In response to the federal probe, Descano defended his office and its practices. He said his policies are lawful, fair, and consistent with the values of the Fairfax County community.
