The Justice Department has opened a civil rights investigation into a Virginia prosecutor concerning allegations that his office has given preferential treatment to criminal illegal aliens, increasing scrutiny of Fairfax Commonwealth Attorney Steve Descano. The department is trying to find out whether Descano’s office violated federal law by weighing “immigration consequences” in charging decisions and plea deals.
If so, that could be considered unequal treatment of defendants, according to DOJ Civil Rights Division head honcho Harmeet Dhillon, who stated as much in a letter that was obtained by Fox News. “I have authorized a full investigation to determine whether the [Office of the Fairfax Commonwealth Attorney] has engaged in unlawful discrimination in violation of Title VI and the Safe Streets Act,” she wrote to Descano.
Dhillon pointed out that both “prohibit recipients of Federal financial assistance from discriminating based upon race, color, or national origin.” She then revealed the investigation was based on a Fairfax policy from 2020 about prosecutorial decisions that tell prosecutors to weigh what might happen to illegal aliens who are charged or convicted of crimes, including consequences such as deportation.
According to a report from Fox News, Descano, who is the top attorney in the most populous county in the state, has been drawing serious criticism from the GOP for years now. He recently faced congressional scrutiny because his policies appear to extend leniency to illegal immigrants. Descano first gained the national spotlight this year over the murder of Stephanie Minter.
Minter, a 41-year-old mom from Fredericksburg, was killed at a bus stop in February 2026. The suspect accused in the horrific crime, a Sierra Leone national named Abdul Jalloh, had a lengthy criminal record that featured over two dozen prior arrests. Descano’s office repeatedly dropped violent charges against Jalloh. The attorney’s office also ignored warnings from law enforcement that Jalloh was dangerous.
One such warning came from an officer who wrote Descano an email saying that it was “not a question of if, but rather when, he will maliciously wound (or worse) again.” Descano, who has occupied his current position for the last six years, campaigned as being progressive and has received over $600,000 in campaign support from the Justice and Public Safety PAC, a committee largely funded by radical left-wing megadonor George Soros. Soros has been accused in the past of paying professional agitators to attend rallies and protests.
Along with the new DOJ investigation, both Descano and Fairfax County Sheriff Stacey Kincaid are scheduled to offer testimony before the House Judiciary Committee. The attorney’s office had previously spoken with Fox News, saying that Descano was looking forward to “the opportunity to discuss Fairfax’s record as one of the safest large jurisdictions in the country.”
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When his office was asked about the situation, a spokeswoman confirmed they received Dhillon’s letter. In a statement later sent to Fox discussing the DOJ investigation, Descano defended his policies, saying, “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.”
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