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Justice Department launches civil rights probe into prosecutor in Virginia

The inquiry will review whether Descano’s office gave undocumented immigrants preferential treatment in criminal cases, with federal officials citing possible civil rights violations.

  • On Wednesday, the Department of Justice launched a civil rights investigation into Fairfax Commonwealth Attorney Steve Descano, examining whether his office engaged in unlawful discrimination by allegedly offering preferential treatment to illegal immigrants in criminal cases.
  • Federal officials are scrutinizing a policy Descano adopted in December 2020 that instructs prosecutors to consider "collateral immigration consequences" when making charging and plea decisions, potentially violating Title VI of the Civil Rights Act of 1964 and the Safe Streets Act.
  • Assistant Attorney General Harmeet Dhillon stated the probe aims to determine if the prosecutor is "picking and choosing winners" based on immigration status. Dhillon noted the inquiry will uncover if the office is offering "sweetheart deals" to non-citizens charged with serious offenses.
  • Representatives from the Civil Rights Division's Special Litigation and Federal Coordination sections are expected to meet with Fairfax officials shortly to review case files and office records. The Department of Justice emphasized the investigation is in its early stages with no conclusions reached.
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WUSA9 broke the news in Washington, United States on Wednesday, May 6, 2026.
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