DOJ Launches Civil Rights Probe into Virginia Prosecutor Over Illegal Immigrant Leniency Claims

The Department of Justice launched a civil rights investigation Wednesday into Fairfax Commonwealth Attorney Steve Descano over allegations that his office has given preferential treatment to criminal illegal immigrants.

The probe, first reported by Fox News, escalates scrutiny of Descano, the top prosecutor in Virginia's most populous county. The department is examining whether Descano's office violated federal law by weighing "immigration consequences" in charging decisions and plea deals. Such practices could amount to unequal treatment of defendants, DOJ Civil Rights Division head Harmeet Dhillon said in a letter obtained by Fox News Digital.

"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," Dhillon said. She noted that both laws "prohibit recipients of Federal financial assistance from discriminating based upon race, color, or national origin."

The investigation stems from a 2020 Fairfax policy on prosecutorial decisions. That policy instructs prosecutors to consider potential consequences for immigrants charged or convicted of crimes, including deportation.

Dhillon said her office is looking at whether Descano's office is "engaged in a pattern or practice of depriving persons of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States."

Descano has faced Republican criticism for years and recent congressional scrutiny over policies seen as extending leniency to illegal immigrants. He drew national attention after the 2026 murder of Stephanie Minter, a 41-year-old Fredericksburg mother, at a Fairfax bus stop. The suspect, Sierra Leone national Abdul Jalloh, had more than two dozen prior arrests. Descano's office repeatedly dropped violent charges against Jalloh and ignored warnings about his dangerousness.

Descano has held office since 2020. He campaigned as a progressive and received more than $600,000 in campaign support from the Justice and Public Safety PAC, a committee primarily funded by Democratic megadonor George Soros, according to public records.

Fox News Digital reached out to Descano's office for comment.