The U.S. Department of Justice announced on May 6, 2026, that its Civil Rights Division has opened a formal investigation into Fairfax County Commonwealth's Attorney Steve Descano, alleging that his office offered preferential plea agreements and more favorable sentencing outcomes to undocumented immigrant defendants while treating similarly situated U.S. citizens less favorably [1]. No charges have been filed. The inquiry represents one of the first federal civil rights actions directly targeting the plea-bargaining practices of a locally elected state prosecutor [1].
The DOJ framed the investigation under Title VI of the Civil Rights Act of 1964 and the Omnibus Crime Control and Safe Streets Act, two statutes that condition the receipt of federal funding on nondiscriminatory program administration [1]. Fairfax County's prosecutor's office, like most local law enforcement entities, receives federal grants, which gives the Civil Rights Division a jurisdictional hook to scrutinize how the office allocates benefits and burdens in criminal proceedings [1]. Harmeet K. Dhillon, who leads the Civil Rights Division, has indicated the division intends to enforce equal-protection principles against local officials whose policies allegedly disadvantage American citizens [1].
Descano, a progressive prosecutor first elected in 2019, has been a visible figure in debates over prosecutorial discretion, particularly regarding the intersection of immigration status and charging decisions [1]. His office has not filed suit, and no court proceeding is currently pending. The investigation is at the inquiry stage, meaning DOJ has not issued a formal finding of noncompliance or initiated enforcement litigation [1].
The probe carries significant structural stakes. If DOJ proceeds to a formal finding and moves to withdraw federal funding or seek injunctive relief, it would set a precedent for using civil rights statutes to discipline locally elected prosecutors whose discretionary decisions allegedly produce disparate outcomes by citizenship status [1]. State and local prosecutor associations are likely to monitor the proceeding closely, as the legal theory, if sustained, could constrain how any office exercises plea and sentencing discretion across the country [1].