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Justice Department Opens Civil Rights Probe Into Fairfax Prosecutor’s Immigration Policy

The inquiry tests whether immigration-based plea guidance led to unlawful discrimination against U.S. citizens.

Overview

  • Federal civil rights officials opened an investigation Wednesday into Fairfax Commonwealth’s Attorney Steve Descano over claims his office favored undocumented defendants in criminal cases.
  • The review centers on a 2020 directive that told prosecutors to consider immigration consequences, including possible deportation, when making charging and plea decisions.
  • The Civil Rights Division, led by Assistant Attorney General Harmeet K. Dhillon, is proceeding under Title VI, the Safe Streets Act, and 34 U.S.C. § 12601.
  • The department said it is in the early stages, has reached no findings, and is seeking tips through civilrights.justice.gov.
  • Descano denied wrongdoing and faces a House hearing next week as critics cite recent violent cases to argue his policies put the public at risk.