The U.S. Department of Justice announced Wednesday that it has opened a civil rights investigation into the office of Steve Descano over allegations that prosecutors may have given preferential treatment to illegal immigrant defendants during plea negotiations and sentencing decisions.
According to the DOJ, the investigation will be conducted by the department’s Civil Rights Division and will examine whether policies adopted by Descano’s office improperly discriminated against American citizens by considering immigration consequences in criminal cases.
Focus on Prosecutorial Policies
At issue is a policy reportedly implemented in 2020 instructing prosecutors to take into account the immigration consequences tied to criminal charges and plea agreements.
In a notice sent to Descano, federal officials cited language stating that prosecutors should “consider immigration consequences where possible” and evaluate “the collateral immigration consequences” associated with charges against defendants.
The DOJ said investigators will determine whether such practices resulted in unequal treatment based on immigration status.
DOJ Officials Weigh In
Harmeet Dhillon, who leads the Civil Rights Division, said the department intends to closely scrutinize whether prosecutorial discretion was applied unevenly.
“Under my leadership, the Civil Rights Division will not allow local prosecutors to pick and choose winners based on their immigration status,” Dhillon said in a statement announcing the probe.
She added that investigators will examine whether plea deals or charging decisions created risks to public safety.
Legal Basis for Investigation
The DOJ stated that the inquiry is being conducted under multiple federal statutes, including the Civil Rights Act of 1964, the Safe Streets Act and federal law enforcement misconduct statutes.
Officials emphasized that the investigation is in its early stages and that no conclusions have yet been reached regarding possible violations.
Immigration Enforcement Tensions
The investigation follows months of criticism from the Department of Homeland Security over policies in parts of Northern Virginia related to immigration enforcement and cooperation with federal authorities.
DHS has accused local officials and so-called sanctuary jurisdictions of failing to honor immigration detainer requests, allowing some criminal suspects to be released before federal agents could take custody.
Federal immigration officials recently highlighted the arrest of a convicted child rapist who they said had previously been released despite federal objections.
Broader National Debate
The probe adds to ongoing national disputes over criminal justice reform, prosecutorial discretion, and immigration enforcement. Progressive prosecutors in several jurisdictions have adopted policies that reducing “collateral consequences” for defendants, including deportation risks for noncitizens.
Descano’s office has not yet publicly responded in detail to the DOJ announcement. The investigation is expected to further intensify political and legal debates over how local prosecutors prioritize public safety and equal protection standards.
READ NEXT: DHS Reveals Over 75% Of Murder Suspects In 1 County Are Illegal Immigrants
