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FIRST ON FOX: The Department of Justice launched a civil rights investigation Wednesday into an embattled Virginia prosecutor over allegations his office has given preferential treatment to criminal illegal immigrants, escalating scrutiny of Fairfax Commonwealth Attorney Steve Descano.
The department is examining whether Descano’s office violated federal law by weighing “immigration consequences” in charging decisions and plea deals, which could amount to unequal treatment of defendants, DOJ Civil Rights Division head Harmeet Dhillon said in a letter first obtained by Fox News Digital.
“I have authorized a full investigation to determine whether the [Office of the Fairfax Commonwealth Attorney] has engaged in unlawful discrimination in violation of Title VI and the Safe Streets Act,” Dhillon wrote to Descano, noting that both “prohibit recipients of Federal financial assistance from discriminating based upon race, color, or national origin.”
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Dhillon said the investigation was based on a 2020 Fairfax policy about prosecutorial decisions that instructs prosecutors to weigh what could happen to immigrants charged or convicted of crimes, including consequences such as deportation.
Dhillon said her office was looking at whether Descano’s office is “engaged in a pattern or practice of depriving persons of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States.”
Descano, the top cop in Virginia’s most populous county, has drawn criticism from Republicans for years and recently faced congressional scrutiny in part because of his policies perceived to extend leniency to illegal immigrants.
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He gained national attention this year over the murder of Stephanie Minter, a 41-year-old Fredericksburg mom, at a Fairfax bus stop in February. The suspect, a Sierra Leone national named Abdul Jalloh, had more than two dozen prior arrests, and as details about the case surfaced, Descano’s office was found to have repeatedly dropped violent charges against Jalloh.
Descano’s office also ignored warnings from police that Jalloh was dangerous, including from one officer who cautioned in an email that it was “not a question of if, but rather when he will maliciously wound (or worse) again,” according to a local report.
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Descano, who has been in office since 2020, campaigned as a progressive and has received more than $600,000 in campaign support from the Justice and Public Safety PAC, a committee primarily funded by Democratic megadonor George Soros, according to public records.
In addition to the newly launched DOJ probe, Descano and Fairfax County Sheriff Stacey Kincaid are set to testify before the House Judiciary Committee next week.
Descano’s office previously told Fox News Digital of the upcoming Capitol Hill hearing that the commonwealth attorney “is looking forward to the opportunity to discuss Fairfax’s record as one of the safest large jurisdictions in the country.”
Asked about the DOJ investigation, a Descano spokeswoman confirmed receipt of Dhillon’s letter but had no further comment.
Descano stood by his policies in a separate statement to Fox News Digital.
“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,” Descano said.
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