The U.S. Department of Justice (DOJ) has initiated a civil rights investigation into Fairfax County Commonwealth’s Attorney Steve Descano, focusing on allegations that his office provided preferential treatment to undocumented immigrants in criminal cases. The probe aims to determine whether such practices resulted in discrimination against U.S. citizens.
Assistant Attorney General Harmeet K. Dhillon stated, “Under my leadership, the Civil Rights Division will not allow local prosecutors to pick and choose winners based on their immigration status.” She emphasized that the investigation seeks to uncover whether Descano’s office is “putting the community at risk in offering sweetheart deals to illegal immigrants charged with serious crimes.” ([justice.gov](https://www.justice.gov/opa/pr/justice-department-notifies-fairfax-county-virginia-commonwealths-attorney-investigation-his?utm_source=openai))
The DOJ’s inquiry will examine the office’s plea bargaining, charging decisions, and sentencing policies to assess potential violations of federal statutes, including Title VI of the Civil Rights Act of 1964 and the Safe Streets Act. These laws prohibit discrimination based on race, color, or national origin in programs receiving federal funding. ([justice.gov](https://www.justice.gov/opa/pr/justice-department-notifies-fairfax-county-virginia-commonwealths-attorney-investigation-his?utm_source=openai))
At the center of the investigation is a 2020 policy implemented by Descano’s office, which directed prosecutors to consider the potential immigration consequences of criminal charges when making decisions. This policy has raised concerns that it may have led to unequal treatment of defendants based on their immigration status. ([fox5dc.com](https://www.fox5dc.com/news/doj-opens-investigation-fairfax-prosecutors-policies?utm_source=openai))
Descano, who was elected in 2019 and re-elected in 2023, has positioned himself as a criminal justice reformer. His policies include ending cash bail requirements and ceasing prosecution of minor offenses, such as simple possession of marijuana. In response to the DOJ’s investigation, Descano stated, “My policies are fair, legal, and reflect the values of my community.” ([justthenews.com](https://justthenews.com/government/courts-law/justice-department-investigating-virginia-prosecutor-alleged-be-too-lenient?utm_source=openai))
The investigation also brings attention to specific cases that have drawn criticism. For instance, in February 2026, 41-year-old Stephanie Minter was fatally stabbed at a Fairfax County bus stop. The suspect, Abdul Jalloh, a Sierra Leone national with over 30 prior arrests, had previously had violent charges dropped by Descano’s office. ([foxnews.com](https://www.foxnews.com/politics/doj-opens-investigation-soros-backed-da-accused-shielding-illegal-immigrants-from-consequences.amp?utm_source=openai))
Additionally, the DOJ’s investigation follows a letter from the House Judiciary Committee dated January 15, 2026, expressing concerns over Descano’s office’s sanctuary policies and their potential impact on community safety. ([judiciary.house.gov](https://judiciary.house.gov/sites/evo-subsites/republicans-judiciary.house.gov/files/evo-media-document/2026-01-15-jdj-tm-to-commonwealth-s-attorney-descano.pdf?utm_source=openai))
The DOJ has not reached any conclusions regarding the allegations and encourages individuals with relevant information to contact the department through its civil rights reporting portal. ([justice.gov](https://www.justice.gov/opa/pr/justice-department-notifies-fairfax-county-virginia-commonwealths-attorney-investigation-his?utm_source=openai))