DOJ investigating DA accused of shielding illegal immigrants
The Justice Department has announced it launched an investigation into Steve Descano, a Democratic prosecutor in Virginia. The Department of Justice building in Washington, D.C.(Photo by Annabelle Gordon/Sipa USA)(Sipa via AP Images)
The Justice Department has announced it launched an investigation into Steve Descano, the Democratic prosecutor of Virginia’s largest county, regarding his office's plea bargaining, charging decisions and sentencing policies.
The investigation is focused on whether the Office of the Fairfax Commonwealth’s Attorney discriminated against U.S. citizens by offering preferential treatment only to defendants who were not in the U.S. legally. The announcement comes as Descano is poised to appear Thursday before the House Judiciary subcommittee on immigration integrity, security and enforcement.
Harmeet K. Dhillon, an assistant attorney general and head of the Justice Department’s Civil Rights Division, said that her office sent Descano a letter notifying him of the investigation.
“Under my leadership, the Civil Rights Division will not allow local prosecutors to pick and choose winners based on their immigration status,” Dhillon said in a press release. “This investigation will uncover whether this prosecutor is putting the community at risk in offering sweetheart deals to illegal immigrants charged with serious crimes.”
The Justice Department is investigating whether Descano’s office discriminated against U.S. citizens in violation of Title VI of the Civil Rights Act of 1964 or the Safe Streets Act, 34 U.S.C. § 10228. The Justice Department says the focus in on a policy the office adopted in December 2020 that instructs attorneys to consider the immigration consequences for defendants.
Laura Birnbaum, spokesperson for the Fairfax County Commonwealth’s Attorney, said that the letter from the Justice Department “distorts the office’s policy” and “happened to arrive just a week before Commonwealth Attorney Descano is set to testify before Congress.”
“Our office’s policies are fair, legal, and reflect the values of Fairfax County, and we will not be distracted from our mission of keeping this community safe and holding individuals accountable when they commit crimes,” Birnbaum said.
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