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The Department of Justice has opened a civil rights investigation into Fairfax County Commonwealth’s Attorney Steve Descano over his office’s handling of criminal cases involving undocumented immigrants.

Assistant Attorney General Harmeet Dhillon notified Descano of the investigation Wednesday. In a letter, she said the Justice Department will examine whether his office violated Title VI of the Civil Rights Act or the Safe Streets Act, which prohibit recipients of federal funding from discriminating based on race, color or national origin.

Investigators will also consider whether the office discriminated against U.S. citizens by giving preferential treatment to undocumented defendants.

Dhillon said the inquiry will determine whether Descano’s charging and plea decisions resulted in favorable deals for undocumented immigrants accused of serious crimes. She argued that prosecutors cannot choose which defendants receive better treatment based on immigration status.

The scrutiny centers on plea-bargaining guidelines Descano’s office adopted in 2020. The policy directs assistant commonwealth’s attorneys to consider possible immigration consequences and the effects that specific charges could have on a defendant’s status.

The webpage describing that policy is no longer publicly accessible on the office’s website.

Descano defended the guidelines in a post on X, saying his policies are “fair, legal, and reflect the values of my community.” He did not otherwise respond to requests for comment.

Reporter Salvador Rizzo said the Justice Department is also conducting a “pattern and practice” inquiry, a type of investigation that can lead to stringent reforms and has often been used in cases involving alleged constitutional problems within police departments.

Descano has faced conservative opposition since his first election in 2019, particularly over sentencing and charging decisions involving defendants who could be deported. Critics contend that his office has offered more lenient plea agreements to undocumented defendants accused of serious felonies to help them avoid deportation.

Rizzo said Descano has become increasingly outspoken in defending the legality of those policies, especially during 2026.

Descano and Arlington County Commonwealth’s Attorney Parisa Dehghani-Tafti, both Democratic prosecutors, have also drawn scrutiny from the House Judiciary Subcommittee on Immigration Integrity, Security and Enforcement. Descano is scheduled to testify before the panel next week.