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Gentle Approach to Foreign Criminals Disappears from Prosecutor’s Website

Gentle Approach to Foreign Criminals Disappears from Prosecutor's Website

The chief prosecutor in Virginia’s most populous county has removed an entire page from his website after facing significant backlash regarding his policy on handling deportation for foreign criminals.

Fairfax County Commonwealth’s Attorney Steve Descano deleted this community page after a local reporter highlighted specific language that caught the attention of the head of the Department of Justice Civil Rights Division, Harmeet Dhillon. The language outlined how Descano aims to navigate plea deals and charges in a way that avoids “immigration consequences” for foreign nationals, potentially creating a disparity in how American citizens and undocumented migrants are treated.

This situation adds to the troubles Descano is experiencing, including a possible recall effort from residents impacted by violent crime.

An excerpt from the now-removed page stated, “In addition to providing a safe place, Steve’s office will take immigration consequences into account when making charging and plea decisions. Following such a policy will keep our communities united and strong and demonstrate our County’s commitment to equal justice for all.” It went on to assert that if two individuals commit the same crime, but only one faces deportation, it undermines justice and does not reflect the values of Fairfax County.

Upon request for clarification, a spokesperson confirmed the page had been taken down.

“That page was removed due to misunderstandings and misinterpretations,” stated Laura Birnbaum, chief of staff and public information officer for the Fairfax County Commonwealth’s Attorney.

However, the office continues to factor in immigration repercussions, like deportation, “where possible and where doing so accords with justice” when considering charges against non-citizen defendants. They emphasize such immigration factors more when there is no identifiable victim.

Birnbaum did not specify when the webpage was actually removed.

GOP Missouri Senator Eric Schmitt criticized the situation on X, pointing out that Descano’s policy appears to prioritize undocumented individuals over American citizens, suggesting that those who commit the same crime should face similar consequences.

Dhillon condemned the policy, labeling it illegal, while Jon Feere from Immigration and Customs Enforcement (ICE) criticized Descano, implying that anyone who aids criminal immigrants should face repercussions.

Since his election in 2019, Descano has relied on significant funding connected to George Soros for his campaign. Under his leadership, he has been labeled “soft on crime,” exemplified by an incident where his office released an undocumented individual with over 30 arrests, who later fatally attacked an American citizen.

The Department of Homeland Security has expressed disapproval of Descano for offering lenient plea deals to convicted migrant murderers involved in stabbings.

As of now, three out of four murder suspects set to stand trial in Fairfax County in 2026 entered the country illegally.

Relatives of a woman who was murdered by an undocumented individual are blaming Descano for her death and are actively pursuing a recall campaign against him.

Cheryl Minter, the victim’s mother, stated, “He’s as dangerous as the criminals themselves. He’s letting them back onto the streets. He needs to be removed from office.”

Several groups are planning to come together and initiate the recall campaign against Descano, with participants expected to begin gathering signatures soon.

In contrast to his stance on migrant criminals, Descano has adopted a stringent position against enforcing federal immigration laws. In January, he joined forces with other prominent prosecutors to form a coalition known as Fight Against Federal Overreach, vowing to take legal action against ICE agents for alleged misconduct.

Descano previously remarked about ICE agents, “There is no federal pardon power that can help you escape answering for your crimes. Take it from me — you are not above the law.”

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