The Department of Justice’s Civil Rights Division has launched an investigation into Fairfax County Commonwealth’s Attorney Steve Descano, claiming his policy of considering immigration consequences in plea deals constitutes discrimination against U.S. citizens.
As Melba V Pearson, Esq. (AKA the “Resident Legal Diva”) and I discuss, a prosecutor factoring in the reality of deportation isn’t preferential treatment—it’s acknowledging a distinct legal reality that U.S. citizens simply do not face. Furthermore, the Supreme Court’s 2010 Padilla v. Kentucky ruling explicitly established that immigration status is inextricably intertwined with criminal outcomes.
By targeting an elected local official, the DOJ is playing a dangerous political game. Stripping local prosecutors of their discretion risks destroying community trust, alienating witnesses, and ultimately could make our neighborhoods less secure.
