Full Breakdown
DOJ Investigates Fairfax County Prosecutor’s Immigration-Related Policies
5/8/2026, 7:33:01 AM
Investigation Initiated
On June 8 2026, the Justice Department’s Civil Rights Division notified Fairfax County Commonwealth’s Attorney Steve Descano that a federal investigation had begun. The probe will examine whether his office’s 2020 policy that directs prosecutors to consider immigration consequences in charging and plea decisions violates Title VI of the Civil Rights Act, the Safe Streets Act, and 34 U.S.C. § 12601, statutes that bar discrimination based on national origin in federally funded programs.
Policy Background
The 2020 guideline instructs assistant Commonwealth’s attorneys to “consider immigration consequences where possible” and to weigh “the collateral immigration consequences of the specific crime(s) the defendant is charged with.” The policy page has been removed. Critics say the guidance leads prosecutors to offer reduced charges or lenient plea deals to undocumented immigrants to avoid deportation, creating unequal treatment of U.S. citizens.
Official Statements & Responses
Assistant Attorney General Harmeet K. Dhillon said the Civil Rights Division will not allow local prosecutors to pick and choose winners based on immigration status and will assess whether the policy endangers the community by offering what critics describe as overly lenient deals to illegal immigrants. Descano posted on X that he believes his policies are fair, legal, and reflect community values, and declined further comment. The DOJ noted the investigation could result in reforms similar to prior pattern-and-practice actions.
Criticism & Opposition
Local conservative groups contend that Descano’s office has granted lenient plea agreements to undocumented defendants charged with serious felonies, undermining public safety. The mother of Stephanie Minter, a 41-year-old killed on Feb 23 2026 by undocumented suspect Abdul Jalloh, formally requested DOJ involvement, alleging the office’s approach contributed to a climate of impunity for non-citizen offenders.
Conflicting Reports & Gaps
The DOJ has not released any preliminary findings, and the policy document is no longer publicly accessible, limiting verification of its exact language. Descano has offered only a brief social-media statement, and no independent audit of case outcomes has been published.
Verbatim Quotes
- “Under my leadership, the Civil Rights Division will not allow local prosecutors to pick and choose winners based on their immigration status,” — Harmeet K. Dhillon, Assistant Attorney General
- “This investigation will uncover whether this prosecutor is putting the community at risk in offering sweetheart deals to illegal immigrants charged with serious crimes.” — Harmeet K. Dhillon
- “Today, I received notice of a Department of Justice investigation into my office regarding one of our policies. My policies are fair, legal, and reflect the values of my community.” — Steve Descano, Fairfax County Commonwealth’s Attorney
- “He’s become much more vocal, especially this year, in defending his policies,” — Salvador Rizzo, Washington Post reporter
What's Next
Descano is slated to testify before a House Judiciary subcommittee on immigration integrity next week. The DOJ investigation remains active, with possible outcomes ranging from policy revisions to civil enforcement.
