FAIRFAX COUNTY, VA – The Justice Department notified Fairfax County Commonwealth’s Attorney Steve Descano May 6 of the launch of an investigation into his office’s plea bargaining, charging decisions and sentencing policy today, the department announced in a press release.
The Justice Department’s Civil Rights Division will investigate whether the Office of the Fairfax Commonwealth’s Attorney (OFCA) discriminated against United States citizens by offering preferential treatment to undocumented defendants.
In his email to Descano’s office, Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division wrote, “Our investigation is based on information that on or about December 15, 2020, OFCA adopted the Commonwealth's Attorney Plea Bargaining, Charging Decisions, and Sentencing Policy. That policy states in relevant part ‘ACAs [ Assistant Commonwealth's Attorneys] shall consider immigration consequences where possible’ and that ‘prosecutors shall consider ... the collateral immigration consequences of the specific crime(s) the defendant is charged with[.]’”
Descano was sworn into office in January 2020 and faced two unsuccessful recall attempts in 2021.
In December 2025, The Intercept reported on plans by The Law Enforcement Legal Defense Fund, a nonprofit best known for supporting police officers facing legal action, to ask the federal government to investigate Descano using a provision of U.S. law that makes it illegal for agencies and individuals involved in law enforcement to engage in a pattern or practice of conduct that “deprives persons of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States.”
Dhillon’s email references this legal provision.
Former Virginia Attorney General Jason Miyares released a lengthy report accusing Descano of insufficient concern for victims of crime and improper plea agreements. The office has also been criticized for releasing individuals wanted by U.S. Immigration and Customs Enforcement.
It is Fairfax County policy to limit cooperation with federal immigration authorities.
District attorneys and other state prosecutors who oppose cash bail and support other progressive positions have frequently been the targets of recall campaigns or other efforts to remove them from office, often funded and staffed by the same individuals or organizations.
Descano's office has not yet issued a response.
The county, which nearly neighbors Washington, DC, is a frequent target of the Trump administration, which has retaliated against the county in the past for school bathroom policies that allow students to use the bathroom corresponding to their declared gender and accused Fairfax schools of racial discrimination.
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