Federal Civil Rights Officials Target Fairfax County Prosecutor Steve Descano Over Plea Bargain Policy Allegedly Favoring Illegal Immigrant Criminal Defendants

The U.S. Justice Department has launched a federal investigation into the Fairfax County Commonwealth’s Attorney’s Office in Virginia, focusing on how the office handles plea bargains, charging decisions, and sentencing policies.

The review centers on Commonwealth’s Attorney Steve Descano’s office and whether its policies treated criminal defendants differently based on immigration status.

According to the Justice Department, the Civil Rights Division will examine whether U.S. citizens were discriminated against through alleged preferential treatment given only to undocumented immigrant defendants.

Federal Civil Rights Division Will Lead the Investigation

The investigation was announced after the Justice Department notified Descano of the federal inquiry.

Officials said the review will look at whether the Fairfax Commonwealth’s Attorney’s Office violated federal law in the way it handled certain criminal cases.

Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division said prosecutors cannot make decisions that favor one group of defendants over another because of immigration status.

“Under my leadership, the Civil Rights Division will not allow local prosecutors to pick and choose winners based on their immigration status,” Dhillon said. “This investigation will uncover whether this prosecutor is putting the community at risk in offering sweetheart deals to illegal immigrants charged with serious crimes.”

Laws Under Review

The Justice Department said it has not reached any conclusions about the allegations.

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The investigation will be conducted under several federal laws, including Title VI of the Civil Rights Act of 1964, the Safe Streets Act, and the law enforcement misconduct statute known as 34 U.S.C. § 12601.

Federal officials also noted that similar civil rights investigations have previously led to settlement agreements and reforms when violations were found.

Impact and Consequences

The investigation puts Fairfax County’s prosecutorial practices under federal scrutiny, particularly in cases involving plea agreements, charging choices, and sentencing recommendations.

If the Justice Department finds violations, the case could lead to required policy changes or a settlement agreement aimed at reforming how the office handles criminal cases.

For now, however, the department has made clear that the inquiry is still at an early stage, and no finding of wrongdoing has been announced.

What’s Next?

Investigators will review the allegations and gather information to determine whether the Fairfax Commonwealth’s Attorney’s Office violated federal civil rights or law enforcement standards.

The Justice Department is asking anyone with relevant information to submit a report through civilrights.justice.gov/report/.

More details about the Civil Rights Division are available through the Justice Department’s website at www.justice.gov/crt.

Summary

The Justice Department has opened a civil rights investigation into Fairfax County Commonwealth’s Attorney Steve Descano’s office over its plea bargaining, charging, and sentencing policies.

The central issue is whether the office discriminated against U.S. citizens by allegedly offering more favorable treatment to undocumented immigrant defendants.

Officials stressed that no conclusions have been reached, and the investigation will determine whether federal laws were violated.

Bulleted Takeaways: Justice Department Opens Investigation Into Fairfax County Prosecutor’s Office

• The Justice Department has notified Fairfax County Commonwealth’s Attorney Steve Descano of a federal investigation.
• The inquiry focuses on plea bargaining, charging decisions, and sentencing policy.
• The Civil Rights Division will review whether U.S. citizens were discriminated against.
• Investigators will examine claims of preferential treatment for undocumented immigrant defendants.
• Assistant Attorney General Harmeet K. Dhillon said prosecutors must not choose outcomes based on immigration status.
• The department said it has not reached any conclusions about the allegations.
• The investigation may involve Title VI of the Civil Rights Act, the Safe Streets Act, and 34 U.S.C. § 12601.
• People with relevant information are encouraged to contact the Justice Department online.