Fairfax County Commonwealth’s Attorney Steve Descano said on May 6 that considering immigration consequences in charging and plea decisions is necessary to avoid what he called a ‘perversion of justice.’ The statement comes as Descano’s office faces scrutiny following the murder of local resident Stephanie Minter by Abdul Jalloh, an illegal immigrant with more than 30 prior arrests whose earlier violent charges were dismissed by Descano’s office.
The issue has gained attention due to a Department of Justice civil rights investigation into policies that weigh immigration outcomes during prosecution. According to Descano, ‘If two people commit the same crime, but only one’s punishment includes deportation, that’s a perversion of justice and not a reflection of the values of Fairfax County. Steve’s office will take immigration consequences into account when making charging and plea decisions. Wherever possible, Steve will make charging and plea decisions that limit or avoid immigration consequences.’
As reported by Restoration News, Descano made these statements on his campaign website when first outlining priorities for the commonwealth’s attorney office. The policy has drawn fresh scrutiny after Minter’s death at a bus stop; police had previously warned about Jalloh posing an ongoing threat to the community but received no response from Descano’s office prior to the incident. Both Descano and Fairfax County Sheriff Stacey Kincaid are scheduled to testify before the U.S. House Judiciary Committee’s immigration subcommittee on May 15 regarding these practices.according to Restoration News.
Fairfax County Commonwealth’s Attorney Descano’s office has faced repeated criticism for dismissing serious charges against illegal immigrants with extensive criminal histories. In Jalloh’s case, authorities documented more than 30 arrests since 2018—including malicious wounding, assault, battery, and theft—before Minter was fatally stabbed.according to the Department of Homeland Security.
The Department of Justice opened its investigation into whether prosecutors offered preferential treatment to illegal immigrant defendants in order to avoid deportation triggers such as sentences over one year or aggravated felonies.according to reporting by the New York Post. The probe follows similar scrutiny nationwide concerning lenient approaches linked to rising recidivism among non-citizen offenders.
Descano was elected Fairfax County Commonwealth’s Attorney in 2019 after narrowly defeating the incumbent. Two-thirds of his million-dollar campaign war chest came from political action committees heavily funded by George Soros. Since taking office, he has implemented reforms focused on reducing incarceration rates and weighing collateral immigration consequences in case handling.according to analysis by AEI.
