Fairfax prosecutor to testify Thursday over alleged bias toward undocumented immigrants

WASHINGTON - On Thursday, Fairfax County's top prosecutor, Steve Descano, is slated to testify before a congressional subcommittee over his office's alleged bias involving defendants who are in the country illegally. 

The U.S. Department of Justice (DOJ) opened a civil rights investigation into the office of Fairfax Commonwealth Attorney last week, focusing on its plea bargaining, charging decisions and sentencing policies.

In response to the investigation announcement, Descano said that his office's policies are fair, legal, and reflect the values" of his community in a statement provided to FOX 5 D.C. 

What they're saying:

Sources provided FOX 5 D.C. with a copy of Descano's written remarks ahead of the hearing. 

"Let me be absolutely clear," he is expected to testify. "My office does not provide sanctuary or safe harbor to undocumented immigrants. In fact, we routinely prosecute immigrants who commit crimes, and we will continue to do so."

Descano is expected to also directly extend his condolences to Cheryl Minter, whose daughter Stephanie was killed, according to authorities, by an undocumented immigrant with more than 30 prior charges. Cheryl Minter is also slated to testify before the House Judiciary Subcommittee. 

"The defendant was well known by ICE as early as 2018, when ICE held him in custody for nearly two years during the first Trump administration, only to release him into the community," he is also expected to testify. "After that, my office worked closely with law enforcement to prosecute him and obtain convictions for his crimes, wherever possible and despite challenges in those cases." 

What they're saying:

Earlier this week, FOX 5 D.C. asked Virginia Gov. Abigail Spanberger about Thursday’s hearing.

"Any violent criminal should be prosecuted to the fullest extent of the law, and if they don’t have legal status, they should be deported, full stop," she said.

Minter sat down with FOX 5 D.C. ahead of Thursday morning’s hearing, as well. 

"I’m hoping that this is just the beginning," she said. "I really am hoping this is just the beginning of change."

"The grief stages are coming and going, so it’s been really hard," she added. She also said she plans to bring Stephanie’s Bible with her for strength.

Sean Kennedy, president of Virginians for Safe Communities, has also been critical of Descano's office and its policies. 

"This is nothing new," Kennedy said. "The tragedy is that people have been brushing it off for so long. I’m happy to see this hearing happening. I’m distraught that it took so long. Mr. Descano has to answer for both his policies and his actions."

What the case is about

Dig deeper:

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 Assistant Attorney General Harmeet K. Dhillon. 

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. 

What's next:

Fairfax Sheriff Stacey Kincaid and former Virginia Attorney General Jayson Miyares are also expected to testify.

The hearing is scheduled for 10 a.m.