Pro-Police Group Seeks DOJ Investigation into Fairfax Prosecutor Over Immigrant Case Leniency
FAIRFAX, Va. — A prominent pro-police organization has formally requested the Department of Justice to investigate Fairfax County Commonwealth’s Attorney Steve Descano, accusing his office of leniency toward illegal immigrant suspects that may have endangered public safety. The Law Enforcement Legal Defense Fund (LELDF) is urging the DOJ to apply a federal “pattern-or-practice” civil rights statute, previously used during the Biden administration to scrutinize police departments, to Descano’s prosecutorial conduct.
Descano, who secured his position in Virginia’s largest jurisdiction with substantial support from a George Soros-backed political action committee, is facing backlash after an illegal immigrant suspect, released under his office’s policies, was allegedly involved in a subsequent murder the following day. The LELDF alleges that Descano’s office operates a discriminatory system that favors non-citizens over U.S. citizens in charging, plea bargaining, and sentencing decisions.
The legal provision in question, codified at 34 U.S.C. § 12601, was notably employed by the Biden-era DOJ to investigate police departments accused of civil rights violations, including the Louisville Metro Police Department after the controversial Breonna Taylor shooting. It has also been applied in inquiries involving police agencies in New Jersey, Mississippi, Tennessee, and divisions of the New York Police Department for allegations ranging from excessive force to unlawful stops.
Jason C. Johnson, president of the LELDF, told Fox News Digital that their request to Deputy Attorney General Harmeet Dhillon aims to hold Descano’s office accountable for what they describe as “weaponized incompetence” that undermines equal justice under the law. The group contends that Descano’s official policy of factoring immigration consequences into prosecutorial decisions effectively grants preferential treatment to illegal immigrants, thereby violating the civil rights of U.S. citizens.
Descano’s stance has drawn sharp criticism from Virginia’s Attorney General, who characterized the prosecutor’s approach as a failure to uphold public safety and justice. Supporters of Descano argue that his policies seek to protect immigrant communities from criminalization based on their status, emphasizing that all residents deserve equal protection and access to the law.
The controversy has reignited debates over prosecutorial discretion and immigration enforcement in local jurisdictions. While federal agencies such as Immigration and Customs Enforcement maintain responsibility for immigration enforcement, local prosecutors wield significant influence over charging and sentencing decisions.
Fairfax County’s situation exemplifies the ongoing tensions between progressive prosecutorial reforms and law enforcement priorities. The LELDF’s call for a DOJ probe underscores the growing demand among some law enforcement advocates for federal oversight when local policies are perceived to compromise public safety.
As the DOJ reviews the request, the case highlights the complex intersection of immigration policy, criminal justice reform, and civil rights enforcement. The outcome could set a precedent for how federal authorities engage with local prosecutors whose policies are viewed as controversial or potentially harmful.
For more on federal civil rights enforcement, visit the Department of Justice Civil Rights Division. Information on prosecutorial discretion and immigration law can be found at the U.S. Citizenship and Immigration Services website.
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