DOJ Opens Civil Rights Probe of Fairfax Prosecutors

The U.S. Department of Justice opened a civil rights investigation Wednesday into the Office of the Fairfax County Commonwealth's Attorney in Virginia, probing allegations that it provided preferential treatment to noncitizen defendants in charging decisions, plea agreements, and sentencing recommendations.

Assistant Attorney General Harmeet K. Dhillon of the DOJ Civil Rights Division notified Commonwealth's Attorney Steve Descano of the inquiry in a letter, stating that investigators will determine whether the office violated federal laws by considering the potential immigration consequences of convictions, such as deportation. The probe focuses on a 2020 policy memorandum from Descano's office that instructed prosecutors to weigh these collateral effects in their decisions. Dhillon wrote that the review will assess compliance with Title VI of the Civil Rights Act of 1964 and the Safe Streets Act, which bar recipients of federal funding from discriminating based on race, color, or national origin. The department is also examining the office under a federal law enforcement misconduct statute, 34 U.S.C. 12601, for any pattern or practice of depriving individuals of...