The top prosecutor in Virginia’s most populated county removed an entire page from his website following widespread backlash over his stated policy on avoiding deportation for foreign criminals.
Fairfax County Commonwealth’s Attorney Steve Descano removed the community page from his campaign website after specific language was flagged by a local reporter and attracted the attention of Department of Justice Civil Rights Division chief Harmeet Dhillon. The statements spelled out how Descano actively tries to reach plea decisions and charges that avoid “immigration consequences” for foreign nationals, potentially leading to unequal treatment between American citizens and illegal migrants.
The public outcry marked the latest issue for Descano, who is now facing a potential recall challenge from residents affected by violent crime.
“In addition to providing a safe place, Steve’s office will take immigration consequences into account when making charging and plea decisions,” read an excerpt within Descano’s now-scrubbed “community” page, which has been archived. “Following such a policy will keep our communities united and strong and demonstrate our County’s commitment to equal justice for all.”
“If two people commit the same crime, but only one’s punishment includes deportation, that’s a perversion of justice and not a reflection of the values of Fairfax County,” the statement continued.
When reached for comment, a spokesperson for Descano confirmed that the page was deleted.
“That page was taken down because it was being misconstrued and misinterpreted,” Laura Birnbaum, chief of staff and public information officer for the Fairfax County Commonwealth’s Attorney, told the Daily Caller News Foundation.
However, the Office of the Fairfax Commonwealth’s Attorney still considers immigration consequences such as deportation “where possible and where doing so accords with justice” when determining charges against non-citizen defendants, according to policy language provided to the DCNF. Such potential immigration consequences are weighed more heavily when there is no identifiable victim.
Birnbaum did not confirm when exactly the webpage was taken down.
A screenshot of the now-scrubbed “Community” page within Steve Descano’s campaign website.
“This is a perfect example of what I mean when I say that Democrats put illegal aliens before American citizens,” GOP Missouri Sen. Eric Schmitt stated on X. “Under this Democrat Soros-DA’s policy, if an American citizen and illegal alien commit the same crime, he gives the illegal alien a sweetheart plea deal better than what he would give an American citizen.”
Dhillon declared the policy to be illegal and Jon Feere, a senior advisor within Immigration and Customs Enforcement (ICE), also took a swipe at Descano on Saturday, suggesting anyone who helps criminal aliens remain in the U.S. should be punished.
Descano has served as Fairfax County’s Commonwealth’s Attorney since knocking off incumbent Raymond Morrogh in a Democratic primary upset in 2019. The liberal prosecutor has since enjoyed hundreds of thousands of dollars in Soros-connected campaign support over the years, according to campaign finance records.
The Virginia prosecutor has amassed a soft-on-crime approach during his time in office, such as when his office chose to release an illegal migrant who had already been arrested more than 30 times, giving him the opportunity to fatally stab an American at a local bus stop in February. The Department of Homeland Security on Monday publicly slammed Descano’s office for offering two convicted illegal migrant murders an “insane” plea deal after the pair stabbed a man to death in 2024.
Currently, three out of the four total murder suspects facing trial in Fairfax County, Virginia, in 2026 entered the country unlawfully.
Family members of the woman who was killed at the hands of an illegal migrant in February blame Descano for her death, and they are now actively working to launch a recall campaign against him.
“He’s as dangerous as the criminals themselves,” Cheryl Minter, the victim’s mother, told 7News. “He’s releasing the criminals back on the street. He needs to be put out of office.”
Several organizations are preparing to form a coalition and launch the recall campaign against Descano and participants will later begin collecting signatures for the effort, according to Minter.
In contrast to his approach for migrant criminals, Descano has staked out a hardline position against those responsible for enforcing federal immigration laws. In January, he was among several high-profile prosecutors who launched Fight Against Federal Overreach, a nationwide coalition of liberal district attorneys pledging to prosecute ICE agents for purported violations of law.
“There is no federal pardon power that can help you escape answering for your crimes,” Descano previously said about ICE agents. “Take it from me — you are not above the law.”
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