The Justice Department has launched an investigation into a radical Northern Virginia prosecutor who allegedly discriminated against US citizens by offering preferential treatment “only to illegal alien” criminal defendants.  

The DOJ notified Fairfax County Commonwealth’s Attorney Steve Descano on Wednesday that it is looking into potential civil rights violations related to his office’s plea bargaining, charging decisions and sentencing policies. 

“Under my leadership, the Civil Rights Division will not allow local prosecutors to pick and choose winners based on their immigration status,” Assistant Attorney General Harmeet Dhillon said in a statement. 

“This investigation will uncover whether this prosecutor is putting the community at risk in offering sweetheart deals to illegal immigrants charged with serious crimes,” the head of the DOJ’s civil rights division added. 

The investigation centers on Descano’s adoption of policies that instruct prosecutors to “consider immigration consequences where possible” and “consider … the collateral immigration consequences of the specific crime(s) the defendant is charged with” during plea bargaining, charging and sentencing.  

The DOJ is examining whether Descano “engaged in unlawful discrimination in violation of Title VI and the Safe Streets Act and whether [his office] is engaged in a pattern or practice of law enforcement misconduct that deprives persons of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States” by implementing that policy after his 2019 election.

During his campaign, Descano’s website included language similar to the current Fairfax County DA’s office’s policy. 

“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,” read the since-deleted line on Descano’s website, The Post previously reported. 

Descano, who received more than $700,000 in campaign contributions from groups funded by Democratic kingmaker George Soros, has recently come under fire for sentencing a pair of illegal migrants convicted of murder – Maldin Anibal Guzman and Wis Alonso Sorto-Portillo – to just five years behind bars. 

The two men were sentenced last month after admitting to killing Nicacio Hernandez Gonzalez at a popular park in Oakton, Va., in July 2024. 

Descano has also faced controversy for apparently ignoring warnings from Fairfax County cops dating back to 2025 about the danger of an illegal migrant from Sierra Leone – Abdul Jalloh – who, in February, was arrested for fatally stabbing 41-year-old mom Stephanie Minter. 

Jalloh already had a lengthy rap sheet, including rape, assault and grand larceny charges, prior to the alleged murder — but over a dozen charges against him had been dropped by Descano’s team.

Before the DOJ launched its probe, Descano had been called in to testify before the House Judiciary Committee for a May 14 hearing titled: “Fairfax County, Virginia: The Dangerous Consequences of Sanctuary Policies.” 

Descano acknowledged receipt of the DOJ’s letter on Wednesday and argued his policies are just. 

“Today, I received notice of a Department of Justice investigation into my office regarding one of our policies,” he said in a statement. “My policies are fair, legal, and reflect the values of my community.”