(Photo by Sarah L. Voisin/The Washington Post via Getty Images)
FAIRFAX, VA. - The U.S. Department of Justice (DOJ) has opened a civil rights investigation into the office of Fairfax Commonwealth Attorney Steve Descano, focusing on its plea bargaining, charging decisions and sentencing policies.
In a letter released Wednesday, the DOJ’s Civil Rights Division said it will examine whether the Fairfax County Commonwealth’s Attorney’s Office engaged in unlawful discrimination by allegedly offering preferential treatment to undocumented immigrants in criminal cases.
The investigation will assess potential violations of federal statutes, including Title VI of the Civil Rights Act of 1964 and the Safe Streets Act. The former prohibits discrimination based on race, color, or national origin in any program or activity that receives federal funding, according to the DOJ. The latter governs federal funding for criminal justice systems and also includes anti-discrimination provisions, according to the Department of Education.
Assistant Attorney General Harmeet K. Dhillon said the probe aims to determine whether prosecutorial decisions improperly considered immigration status in a way that disadvantaged U.S. citizens, according to the letter.
"The Civil Rights Division will not allow local prosecutors to pick and choose winners based on their immigration status," Dhillon said in a statement.
At issue is a policy adopted by Descano’s office in December 2020 instructing prosecutors to consider the potential immigration consequences of criminal charges when making decisions; the page detailing these reforms is no longer publicly available on the Office of the Fairfax Commonwealth's Attorney's website.
Federal officials are examining whether that guidance resulted in unequal treatment based on national origin or citizenship, according to Dhillon.
What's next:
The Justice Department emphasized that the investigation is in its early stages and that no conclusions have been reached. Officials said they will review all relevant evidence and work with local authorities as the inquiry proceeds.
The Civil Rights Division’s Special Litigation Section and Federal Coordination and Compliance Section will oversee the investigation, according to officials.
What you can do:
Individuals with information related to the case have been encouraged to contact the DOJ through its civil rights reporting portal.
What they're saying:
Descano’s office has not yet publicly responded to the announcement.
The Source: Information from the U.S. Department of Justice, the U.S. Department of Education and the Office of the Fairfax Commonwealth's Attorney.