DOJ Probes Fairfax Prosecutor Over Immigrant Defendant Policies
The DOJ launched a civil rights investigation into Fairfax County's top prosecutor over immigrant defendant handling.
Why it matters: This investigation spotlights ongoing federal-local friction over immigration and prosecutorial discretion. Legal professionals nationwide are watching for potential shifts in how plea bargains and charging decisions are scrutinized under civil rights law.
- The DOJ began its probe on May 6, 2026, targeting Steve Descano's office.
- Investigators are reviewing potential discrimination against U.S. citizens in plea and sentencing deals for undocumented immigrants.
- Descano's 2020 policy instructs prosecutors to weigh immigration consequences in charging decisions.
- Descano will testify before a House Judiciary subcommittee on May 14, 2026.
The Department of Justice has opened a civil rights investigation into Fairfax County Commonwealth's Attorney Steve Descano's office, scrutinizing its decisions related to immigrant defendants.
- The probe, announced May 6, 2026, will examine whether Descano's office violated federal statutes, including Title VI of the Civil Rights Act of 1964 and the Safe Streets Act by discriminating against U.S. citizens in favor of undocumented immigrants.
- Assistant Attorney General Harmeet K. Dhillon said the investigation seeks to clarify if "sweetheart deals" were offered to undocumented immigrants charged with serious crimes that were not available to citizens.
- Since December 2020, Descano's team has directed prosecutors to consider immigration impacts when determining plea offers and charges, a policy that has drawn sharp scrutiny.
- One flashpoint has been the handling of Abdul Jalloh, a Sierra Leone national with more than 24 prior arrests, who was charged with the murder of Stephanie Minter in February 2026. Violent charges had previously been dropped against him by Descano's office.
This investigation is raising questions about the limits of local prosecutorial discretion and potential disparities in bail, plea, and sentencing policies.
Descano, who maintains his "policies are fair, legal, and reflect the values of my community," is set to address lawmakers at a House Judiciary subcommittee hearing on May 14.
Dhillon emphasized, “Under my leadership, the Civil Rights Division will not allow local prosecutors to pick and choose winners based on their immigration status.”
By the numbers:
- May 6, 2026 — Date the DOJ opened its investigation
- December 2020 — Fairfax policy to consider immigration consequences implemented
- More than 24 — Prior arrests of Abdul Jalloh, a defendant at issue
- May 14, 2026 — Date of Descano's scheduled House testimony
Yes, but: Specific case numbers and outcomes allegedly impacted by Descano's policy have not been disclosed.
What's next: Descano's testimony before the House subcommittee on May 14 could raise new questions or policy debates.