Overview
- The Civil Rights Division, which announced the investigation Wednesday, is examining whether Fairfax Commonwealth’s Attorney Steve Descano’s office discriminated against U.S. citizens by giving preferential treatment only to undocumented defendants.
- Officials said they will review the office under Title VI of the Civil Rights Act, the Safe Streets Act, and 34 U.S.C. §12601, which allows pattern‑or‑practice probes of law enforcement misconduct.
- At the center is a December 2020 policy that told prosecutors to consider collateral immigration consequences during charging, plea talks, and sentencing, and the web page describing it is no longer public.
- The department said the review is in its early stages, that no findings have been reached, and that people with relevant information can submit tips through its civil rights reporting portal.
- Descano said his policies are fair and legal, as critics highlight recent violent cases and a May 14 House hearing where he is expected to testify about Fairfax County’s practices.