The Justice Department has opened a federal investigation into Fairfax County Commonwealth’s Attorney Steve Descano, escalating scrutiny over the progressive prosecutor’s handling of criminal cases involving illegal immigrants and raising new questions about whether his office violated civil rights laws through its prosecution policies.
The DOJ informed Descano on Wednesday that investigators are examining whether his office improperly gave preferential treatment to illegal immigrant defendants during plea negotiations, charging decisions, and sentencing recommendations.
At the center of the probe is a policy adopted after Descano’s 2019 election directing prosecutors to consider the immigration consequences defendants could face when resolving criminal cases.
According to the Justice Department, investigators are reviewing whether those policies unlawfully discriminated against American citizens by favoring noncitizens in ways that may violate federal civil rights protections.
“Under my leadership, the Civil Rights Division will not allow local prosecutors to pick and choose winners based on their immigration status,” Assistant Attorney General Harmeet Dhillon said in a statement announcing the investigation.
“This investigation will uncover whether this prosecutor is putting the community at risk in offering sweetheart deals to illegal immigrants charged with serious crimes,” Dhillon added.
Federal officials said the investigation will examine whether Descano’s office violated Title VI of the Civil Rights Act and the Safe Streets Act, as well as whether prosecutors engaged in a broader pattern of misconduct depriving people of rights protected under federal law and the Constitution.
The DOJ specifically cited policies instructing prosecutors to “consider immigration consequences where possible” and weigh “collateral immigration consequences” during plea bargaining and sentencing.
The issue has followed Descano since his original campaign for office. During his 2019 run, his campaign website included language arguing that deportation consequences created unequal justice outcomes.
“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 now-deleted campaign statement reportedly read.
Descano has become one of the country’s most controversial progressive prosecutors in recent years, drawing criticism from conservatives, law enforcement officials, and victims’ advocates over several high-profile plea deals and dismissed cases involving violent offenders.
One of the most controversial cases involved illegal immigrants Maldin Anibal Guzman and Wis Alonso Sorto-Portillo, who admitted involvement in the 2024 killing of Nicacio Hernandez Gonzalez at a Virginia park. Despite the severity of the crime, the two men received plea agreements resulting in five-year prison sentences.
Another case that intensified criticism involved Abdul Jalloh, an illegal immigrant from Sierra Leone who was arrested earlier this year for allegedly fatally stabbing 41-year-old mother Stephanie Minter at a Fairfax bus stop.
According to critics, Fairfax County police had repeatedly warned prosecutors about Jalloh’s violent history, which included prior charges involving rape, assault, and grand larceny. More than a dozen charges against him were reportedly dropped by Descano’s office before the fatal stabbing.
The federal investigation comes just days before Descano is scheduled to testify before the House Judiciary Committee at a May 14 hearing titled “Fairfax County, Virginia: The Dangerous Consequences of Sanctuary Policies.”
Descano acknowledged receiving the DOJ’s notice Wednesday and defended his office’s practices.
“Today, I received notice of a Department of Justice investigation into my office regarding one of our policies,” Descano said in a statement. “My policies are fair, legal, and reflect the values of my community.”
The investigation also renews attention on Descano’s political backing. Campaign finance records previously showed he received more than $700,000 in support connected to organizations funded by Democratic megadonor George Soros, whose support for progressive prosecutors nationwide has become a frequent target of Republican criticism.
