Listen to the article
Pro-Police Group Seeks DOJ Investigation into Virginia Prosecutor’s Treatment of Illegal Immigrants
A law enforcement advocacy organization is urging the Justice Department to investigate a Virginia prosecutor, alleging his office provides preferential treatment to illegal immigrants in criminal cases. The Law Enforcement Legal Defense Fund (LELDF) announced Wednesday it will formally request the Trump administration to scrutinize Fairfax County Commonwealth’s Attorney Steve Descano under the same civil rights provision previously used to investigate police departments.
The LELDF is invoking the federal “pattern-or-practice” provision (34 USC 12601) that the Biden administration employed to investigate alleged civil rights violations by police departments across the country, including in Louisville following the Breonna Taylor case. Similar investigations were conducted in police departments in New Jersey, Mississippi, Tennessee and within the NYPD.
“We seek to use established federal civil-rights tools to test whether a prosecutor’s office is operating a discriminatory system that endangers the public and erodes equal justice under law,” said LELDF president Jason C. Johnson.
The organization will ask Deputy Attorney General Harmeet Dhillon to investigate Descano’s office, claiming it “violates the civil rights of US citizens by favoring illegal aliens and non-citizens in charging, plea bargaining, and sentencing decisions.”
Descano, who was elected in 2019 with substantial financial backing from organizations linked to George Soros, has drawn criticism for his explicitly stated policy to consider “immigration consequences” when making prosecutorial decisions. His campaign materials and office policies indicate a commitment to limiting deportation risks for non-citizens facing criminal charges.
“Avoiding the unnecessary destruction of families and communities will be a top priority for Steve as Commonwealth’s Attorney. Wherever possible, Steve will make charging and plea decisions that limit or avoid immigration consequences,” states a passage from Descano’s campaign website.
The LELDF argues this approach violates constitutional equal protection principles by creating a two-tiered justice system that treats illegal immigrants more favorably than U.S. citizens.
The controversy intensified following the case of Marvin Morales-Ortez, an illegal immigrant whose murder charges were dropped by Descano’s office before he allegedly committed another shooting just one day after his release. While Descano’s office claimed evidence showed Morales-Ortez “was ultimately not the perpetrator” in the original murder case, local media later obtained court transcripts indicating prosecutors had previously argued Morales-Ortez was present at the scene and participated in ambushing the victim.
This incident prompted sharp criticism from the Department of Homeland Security, with Assistant Secretary Tricia McLaughlin stating that “Fairfax County politicians pushing policies that released this illegal alien from jail” have “blood on their hands.”
The LELDF’s letter to the Justice Department cites a 2020 memo from Descano directing assistant prosecutors to “consider immigration consequences where possible and where doing so accords with justice.” The policy distinguishes between serious offenses, where immigration status should have minimal impact, and less serious offenses, where prosecutors have “greater latitude in negotiating a resolution that takes adverse immigration consequences into account.”
“It is both immoral and unlawful for a government agency to engage in systemic discrimination against U.S. citizens to the benefit of those illegally present,” the LELDF wrote in their request for a federal investigation.
Descano has previously rejected characterizations linking him to George Soros, despite receiving at least $600,000 from a Soros-funded political action committee during his first election campaign. In 2022, he responded to criticism by noting that Fairfax County’s murder rate is “75% lower than the entire Commonwealth’s.”
The prosecutor’s office did not respond to requests for comment about the LELDF’s investigation request.
Fact Checker
Verify the accuracy of this article using The Disinformation Commission analysis and real-time sources.
16 Comments
The pro-police group is clearly trying to use the same legal tools the Biden administration has applied to police departments. It will be interesting to see if the DOJ pursues this investigation and what their findings conclude.
Yes, this could set up an interesting dynamic between the DOJ under Biden and a law enforcement advocacy group. The outcome could have broader implications for how civil rights laws are applied.
This is an interesting development. It seems the pro-police group is trying to use the same legal tools the Biden administration has used to investigate police departments. It will be worth watching how this plays out.
I agree, the use of the ‘pattern-or-practice’ provision is notable. It suggests the group believes the prosecutor’s office may be discriminating against illegal immigrants in how it handles criminal cases.
The allegation of preferential treatment for illegal immigrants is certainly a controversial one. I’m curious to see what evidence the pro-police group presents to support their claims and how the DOJ will respond.
Prosecutors have a lot of discretion, so it’s understandable there are concerns about potential bias. But the DOJ probe request could also be viewed as an attempt to put political pressure on the prosecutor’s office.
This request puts the DOJ in a tricky position. They’ll have to balance concerns about potential civil rights violations with the political sensitivities around immigration and law enforcement. A thorough, impartial investigation will be crucial.
Absolutely, the DOJ will need to tread carefully. Their handling of this case could set an important precedent for how such allegations are evaluated going forward.
This seems like a complex issue at the intersection of immigration, criminal justice, and civil rights. I’ll be interested to follow the developments and see how the DOJ handles the request for an investigation.
Agreed, these types of cases often involve tricky legal and ethical questions. It will be important for any DOJ probe to be thorough and objective in its findings.
I’m a bit skeptical of the pro-police group’s claims. Preferential treatment for illegal immigrants in criminal cases seems like a loaded allegation without clear evidence. The DOJ should approach this request cautiously and objectively.
Agreed, the claims need to be substantiated. The DOJ will have to carefully assess whether there is truly a pattern of discriminatory practices before launching a full investigation.
This is a complex issue that touches on some of the most divisive topics in US politics right now – immigration, criminal justice, and civil rights. The DOJ’s handling of the pro-police group’s request will be closely watched.
Agreed, this case has the potential to become highly politicized. The DOJ will need to demonstrate impartiality and focus solely on the legal merits of the allegations.
The use of the ‘pattern-or-practice’ provision is an aggressive move by the pro-police group. They appear to be trying to apply the same legal tool the Biden administration has used against police departments. Curious to see the DOJ’s response.
Yes, it’s a bold strategy. I imagine the prosecutor’s office will push back strongly against any allegations of discrimination. This could end up being a high-profile legal battle.