Fairfax County Commonwealth’s Attorney Steve Descano spoke before Congress on Thursday, while legal experts shared insights with the Daily Caller regarding the upcoming Justice Department investigation into his practices. Jason Johnson, president of the Law Enforcement Legal Defense Fund (LELDF), noted he was among the first to raise concerns about Descano, suggesting that the Justice Department might uncover patterns of favoritism towards illegal immigrants compared to American citizens.
The Justice Department’s statement, aligning with a May 6th report, indicated that it is scrutinizing Descano’s plea agreements, charging decisions, and sentencing to see if non-citizens received better treatment. Johnson mentioned that he wrote a letter to Assistant Attorney General Harmeet K. Dhillon in December, detailing his concerns and requesting an investigation.
Descano, in his testimony, asserted that his office doesn’t provide sanctuary for illegal immigrants, implying that any assertion to the contrary is misleading. He faced pointed questions, especially from Congressman McClintock, regarding a case where charges were dropped against an undocumented immigrant accused of attempted rape.
Following the announcement of the investigation, Descano maintained that his policies are fair and in line with community values. His office claimed the investigation is a partisan attack reminiscent of actions from the previous administration. They emphasized their commitment to community safety and accountability.
Johnson and others at the LELDF have criticized Descano, particularly in light of the murder of Stephanie Minter, a victim whose case brought significant attention to the issue of violent crime involving undocumented immigrants. Minter’s mother testified about systemic failures, expressing concern that policies protecting dangerous individuals put innocent lives at risk.
In a broader picture, reports indicated that a significant portion of murder suspects arrested in Fairfax County were undocumented, with some having previous charges. Johnson claimed that it’s common for illegal immigrants in the county to have their cases dismissed or avoided.
The Justice Department’s investigation will assess compliance with various laws aimed at protecting against discriminatory practices. Johnson argues that the department isn’t required to prove actual discrimination but should find that the policies used were inappropriate.
While this kind of investigation could take a substantial amount of time, Johnson remains convinced that a pattern of preferential treatment will emerge. The Justice Department has historically used similar inquiries to instigate reforms within law enforcement. Following high-profile incidents, such as the investigation triggered by Breonna Taylor’s death, the department has effectively negotiated changes within affected agencies.
Depending on the outcome of the Justice Department’s review, similar changes could potentially occur in Fairfax. Notably, Arlington County U.S. Attorney Parisa Deghani-Tafti is also under scrutiny for allegedly hindering cooperation with immigration authorities and prioritizing the interests of undocumented individuals over U.S. citizens.
Johnson mentioned that prosecutors across the nation could adopt comparable strategies, suggesting that any negotiated policy changes in Fairfax could serve as a cautionary example for others going forward. As of now, the Fairfax U.S. Attorney’s Office has not responded to inquiries from the Daily Caller.
