DOJ Civil Rights Division Launches Investigation into Fairfax County Commonwealth’s Attorney Steve Descano for Alleged Discrimination in Favor of Illegal Immigrant Defendants

The U.S. Department of Justice’s Civil Rights Division has initiated a formal federal investigation into the Office of the Fairfax County Commonwealth’s Attorney, led by Steve Descano, examining whether its plea bargaining, charging decisions, and sentencing policies discriminate against U.S. citizens by providing preferential treatment to illegal immigrant defendants. The notification was sent to Descano on May 6, 2026, according to a DOJ press release and reporting by local journalist Nick Minock of WJLA/7News.

Assistant Attorney General Harmeet K. Dhillon, head of the Civil Rights Division, stated in the announcement: “Under my leadership, the Civil Rights Division will not allow local prosecutors to pick and choose winners based on their immigration status. This investigation will uncover whether this prosecutor is putting the community at risk in offering sweetheart deals to illegal immigrants charged with serious crimes.” The probe will assess potential violations of Title VI of the Civil Rights Act of 1964, the Safe Streets Act, and the law enforcement misconduct statute (34 U.S.C. § 12601), which address discrimination by recipients of federal financial assistance and patterns or practices that deprive individuals of constitutional rights.21

The investigation centers on Descano’s long-standing prosecutorial policy of factoring in “immigration consequences” when making charging and plea decisions. A now-removed section from Descano’s campaign website explicitly stated: “Steve’s office will take immigration consequences into account when making charging and plea decisions. Although prosecutors typically refer to immigration consequences as ‘collateral consequences,’ avoiding the unnecessary destruction of families and communities will be a top priority for Steve as Commonwealth’s Attorney. Wherever possible, Steve will make charging and plea decisions that limit or avoid immigration consequences.” Critics, including the Law Enforcement Legal Defense Fund (LELDF), have argued this approach violates equal protection principles under the 14th Amendment by treating U.S. citizens more harshly than non-citizens facing deportation risks. The LELDF petitioned the DOJ in late 2025 for exactly this type of review, citing a “deliberate pattern and practice” of leniency tied to immigration status.10

A high-profile recent case has drawn renewed attention to these practices. According to Minock’s reporting, Descano’s office reduced rape charges—punishable by up to life in prison—against Alberto Ruiz Mendoza, described as an unlawful alien, to simple assault and battery. Additional charges, including gun possession by an unlawful alien, brandishing a firearm, and threats in writing, were dropped entirely. Mendoza received a 90-day sentence that was fully suspended, allowing his immediate release. Court records and police accounts presented in local coverage portray this as part of a pattern where serious felony charges against non-citizen defendants are downgraded, potentially to mitigate immigration enforcement consequences such as deportation.6

This development occurs against a backdrop of escalating scrutiny of Descano’s office. Fairfax County, Virginia’s most populous jurisdiction with over one million residents, has operated under Descano’s progressive prosecutorial reforms since he took office in January 2020 after defeating the incumbent in the Democratic primary. A West Point graduate and former U.S. Army officer who later served as a federal prosecutor in the Obama administration’s Justice Department specializing in financial crimes, Descano campaigned on reducing racial and socioeconomic disparities, ending cash bail, expanding diversion programs, and countering mass incarceration. His office has emphasized data-driven decisions to promote equity while claiming Fairfax remains one of the safest large jurisdictions in the country.31

However, multiple investigations and public complaints have challenged these policies. In September 2025, Virginia Attorney General Jason Miyares released a comprehensive report documenting alleged misconduct, discovery violations, neglect of victims’ rights, and unconstitutional practices in Descano’s office. Miyares referred aspects of the findings to the U.S. Department of Justice for potential further civil or criminal review. Victims’ rights groups, including the Victims Rights Reform Council, filed formal complaints with the DOJ in April 2026 on behalf of Cheryl Minter, whose daughter Stephanie Minter was murdered in February 2026 at a Fairfax bus stop. The alleged killer, Abdul Jalloh—an illegal immigrant from Sierra Leone with a lengthy criminal history—had faced dozens of prior arrests. Descano’s office reportedly dropped or reduced numerous charges against Jalloh on multiple occasions, allowing him to remain in the community despite warnings from police about his dangerousness. The Minter family and advocates have linked these decisions directly to Descano’s immigration-focused leniency policies.44

Congressional oversight has intensified as well. In January 2026, the House Judiciary Committee requested detailed information from Descano regarding his office’s “sanctuary policies,” which allegedly prohibit cooperation with federal immigration authorities. The committee highlighted cases where prioritization of avoiding deportation allegedly endangered public safety. Fairfax County’s “Trust Policy,” adopted by the Board of Supervisors, further limits local law enforcement’s collaboration with ICE, compounding concerns raised by critics.19

Descano has defended his approach as advancing equal justice and community safety through targeted reforms rather than broad incarceration. His office has not yet issued a public response to the May 6 DOJ notification, though it previously removed the explicit immigration-consequences language from its website following backlash and comments from Dhillon. Fairfax County officials, including Sheriff Stacey Kincaid and Board Chairman Jeff McKay, have previously testified or been called to address these issues before Congress.

The DOJ investigation marks a significant escalation in federal oversight of local progressive prosecutors. It raises broader questions about the balance between prosecutorial discretion, public safety, victims’ rights, and equal protection under the law. Outcomes could include findings of unlawful discrimination, mandated policy changes, or loss of federal funding eligibility. As the probe unfolds, it is expected to examine internal office memoranda, charging data, plea statistics, and specific case files to determine whether a pattern exists of immigration status influencing outcomes in ways that disadvantage U.S. citizen victims and defendants.

Local residents and law enforcement groups have expressed support for the federal review, citing repeated incidents where violent offenders, including illegal immigrants, received reduced charges or early release. National attention has focused on Fairfax as emblematic of tensions between criminal justice reform movements and demands for stricter enforcement amid rising concerns over immigration-related crime. The Civil Rights Division’s action underscores a shift in federal priorities toward scrutinizing local policies perceived to favor non-citizens at the expense of citizens.

As of May 6, 2026, the investigation is in its early stages, with Descano’s office required to cooperate by providing relevant documents and information. Further details on scope, timeline, or interim findings have not been released. The case of Alberto Ruiz Mendoza and the circumstances surrounding Stephanie Minter’s death are among the examples likely to feature prominently as evidence of alleged systemic bias.