Justice Department investigating Virginia prosecutor alleged to be too lenient on immigrants

The Justice Department has initiated an investigation into whether the policies of Fairfax County Commonwealth’s Attorney Steve Descano provide illegal immigrant defendants preferential treatment, allowing them to avoid deportation. 

The department said these policies may have violated the Civil Rights Act by discriminating against U.S. citizens. 

“This investigation will uncover whether this prosecutor is putting the community at risk in offering sweetheart deals to illegal immigrants charged with serious crimes," Assistant Attorney General Harmeet K. Dhillon of the department’s Civil Rights Division, said in a statement issued Wednesday by the DOJ.  

The statement noted that the department had not reached any conclusions about the allegations in the case, but similar investigations, the department said, have led to important reforms. 

Descano was elected in 2019 and reelected in 2023, campaigning as a criminal justice reformer. Among the policies he implemented was an end to the practice of requiring defendants to put up cash bail. He also stopped prosecuting minor offenses, such as simple possession of marijuana, according to The Washington Post. 

Descano told The Post that he received the letter, but he defended his policies, saying they are "fair, legal, and reflect the values of my community."