Justice Department Launches Investigation Into Fairfax Attorney Over Plea Bargains, Sentencing

Assistant Attorney General Harmeet Dillon said the prosecutor may be offering illegal immigrants ‘sweetheart deals.’

The U.S. District Court for the Eastern District of Virginia in Alexandria, Va., on Sept. 9, 2024. AP Photo/Stephanie Scarbrough, File

The Department of Justice (DOJ) has launched an investigation of the sentencing and plea bargain standards used by Fairfax County, Virginia Commonwealth’s Attorney Steve Descano.

The DOJ wants to probe whether Descano’s office has violated Title VI the Civil Rights Act of 1964, or the Safe Streets Act by “discriminating based upon race, color, or national origin.”

“Under my leadership, the Civil Rights Division will not allow local prosecutors to pick and choose winners based on their immigration status,” Assistant Attorney General Harmeet Dhillon said in a statement.

“This investigation will uncover whether this prosecutor is putting the community at risk in offering sweetheart deals to illegal immigrants charged with serious crimes.”

Dillon, in an email to Descano, referenced language in Virginia’s “Guidelines for Plea Bargaining, Charging Decisions, and Sentencing.” That policy was adopted in December 2020 just after the election of President Joe Biden.

“[Assistant Commonwealth’s Attorneys] shall consider immigration consequences where possible and where doing so accords with justice,” it states.

It also directs prosecutors to consider “the collateral immigration consequences of the specific crime(s) the defendant is charged with,” and “the detrimental impact that deportation/removal has on the families and communities those removed or deported leave behind.”

In an emailed statement to The Epoch Times, Descano said, “Today, I received notice of a Department of Justice investigation into my office regarding one of our policies. My policies are fair, legal, and reflect the values of my community.”

While running for office, Descano emphasized that he would roll back so-called “tough-on-crime” policies, which he said “create a community-wide cycle of decreased opportunity, increased poverty, and increased crime.”

The House Judiciary Subcommittee on Immigration Integrity, Security, and Enforcement has asked Descano and Fairfax County Sheriff Stacey Kincaid to testify before Congress about the impact of so-called “sanctuary city policies.”

“The hearing will examine how state and local policies that prohibit cooperation with federal immigration authorities hurt public safety,” lawmakers said in their request. “Your testimony will assist the Committee and Subcommittee in developing legislative reforms to address sanctuary jurisdictions.“

The DOJ investigation comes after Descano’s office offered a five-year plea deal to two illegal immigrants convicted of stabbing a man to death.

The request also followed the murder of Virginian Stephanie Minter, allegedly at the hands of an illegal immigrant with more than 30 arrests. The alleged killer, Sierra Leone native Abdul Jalloh, had been ordered removed from the United States in 2020 but was never deported.

Dillon said her office has not yet reached any conclusions about the matter, and that the DOJ Civil Rights Division’s Special Litigation and Federal Coordination and Compliance teams will handle the investigation.

Elsewhere, she said more investigations may be coming.

“I have reason to believe other woke DAs are doing this, and we will investigate and take legal action if justified!” Dillon said in an X post on Wednesday.