Overview
- Federal civil-rights officials, who notified Commonwealth’s Attorney Steve Descano on Wednesday, are investigating his office under Title VI, the Safe Streets Act, and a federal law‑enforcement misconduct statute.
- The review centers on a December 2020 policy that told prosecutors to consider the collateral immigration consequences of charges and pleas, guidance that is no longer posted on the office’s website.
- Investigators will assess whether U.S. citizens were disadvantaged if noncitizen defendants received more favorable outcomes, and the Justice Department says it has not reached any conclusions.
- The Civil Rights Division’s Special Litigation and Federal Coordination and Compliance sections will lead the work, and similar probes have ended in settlement agreements that mandate reforms.
- Descano says his policies are fair and lawful, he is due to testify before a House Judiciary subcommittee next week, and Virginia Democrats have split between skepticism of the probe and calls to reserve judgment as recent violent cases fuel scrutiny.