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Fairfax County Commonwealth’s Attorney Steve Descano has joined eight other progressive prosecutors in a new coalition seeking to hold federal agents accountable when they are suspected of violating state laws.
The Project to Fight Against Federal Overreach, known as FAFO, launched Wednesday as federal immigration and law enforcement activity expands in communities across the country. Its members plan to share legal strategies and coordinate accountability efforts.
“You do not have total immunity for your actions,” Descano said in a warning to federal agents. “If you break state law, you’ll have to answer to state authorities.”
Arlington County Commonwealth’s Attorney Parisa Dehghani-Tafti is also participating, along with prosecutors from Minneapolis, Philadelphia and other jurisdictions.
The coalition formed amid concerns over reported unlawful detentions, warrantless entries and other conduct connected to the Trump administration’s intensified immigration enforcement.
Opposition has escalated following the deaths of poet Renee Good and Department of Veterans Affairs nurse Alex Pretti. Federal immigration officers shot and killed both while they were protesting the officers’ presence in Minneapolis.
State and federal authorities have since disputed control of the crime scenes and whether the officers involved could face state charges.
Descano blamed the turmoil on a federal government that, he said, believes it is above the law. He also criticized the deployment of masked federal agents in American cities and claims that they enjoy broad immunity.
Virginia law makes it a felony to wear a face covering in public for the purpose of concealing one’s identity. Although the charge is commonly used in cases involving robbery or trespassing, it could potentially be applied to immigration agents who wear masks and sometimes operate without visible uniforms or badges.
State Sen. Saddam Salim, a Democrat representing Virginia’s 37th District, has proposed legislation that would expressly prohibit state and federal law enforcement officers from covering their faces while performing official duties. The measure is part of a broader package from Virginia Democrats seeking restrictions on federal immigration and border enforcement agents.
The bill was referred Wednesday to the Senate Finance and Appropriations Committee. If Virginia adopts new restrictions, the FAFO coalition could help coordinate efforts to enforce them.
“There is no federal pardon power that can help you escape answering for your crimes,” Descano said. “Take it from me — you are not above the law.”
Participating prosecutors plan to meet in early February to exchange strategies for responding to federal forces operating in states and cities.
Philadelphia District Attorney Larry Krasner said local prosecutors have both the authority and responsibility to act when federal agents go beyond their lawful powers. The coalition, he said, is intended to make that accountability coordinated and enforceable through legal institutions.