The DOJ's Civil Rights Division opened the investigation on January 15 following a formal complaint filed by Fairfax County Police Chief Kevin Davis and county residents. Civil Rights Division head Harmeet Dhillon announced the probe will examine whether considering "immigration consequences" in charging decisions and plea negotiations violated federal laws prohibiting discrimination based on race, color, or national origin under Section 1983 of the Civil Rights Act.
Fatal Case Sparks Federal Scrutiny
The federal investigation centers on Descano's handling of repeat offender Abdul Jalloh, a 33-year-old Sierra Leone national with 27 prior arrests in Fairfax County since 2019. Court records show Descano's prosecutors dropped or reduced violent felony charges against Jalloh on six separate occasions between September 2022 and January 2024, despite explicit warnings from Fairfax police about his escalating behavior pattern.
On February 22, 2024, Jalloh allegedly stabbed Stephanie Minter, a 41-year-old mother of three, at a Metro bus stop on Richmond Highway. Minter died at Inova Fairfax Hospital three hours later. Police arrested Jalloh at the scene, where witnesses reported he was shouting incoherently about deportation fears. The killing occurred just six weeks after Descano's office reduced Jalloh's latest assault charge to a misdemeanor trespassing violation.
Given how the Trump administration does their job, I would say it's likely to be a hit job because that's what they do. They make up stuff and then they go after them.
Storck dismissed the federal probe as politically motivated retaliation against progressive prosecutors. "I wish I could be more confident in the Department of Justice right now, but I can't," he told reporters outside the county building on Tuesday morning.
Soros-Funded Progressive Policies Under Fire
Descano won election in November 2019 after receiving $606,000 from George Soros' Justice and Public Safety PAC, part of the billionaire's $40 million investment in progressive prosecutor campaigns nationwide. Since taking office in January 2020, Descano has implemented policies including automatic sentence reductions for defendants facing deportation and mandatory immigration impact assessments for all felony cases.
The prosecutor defended his approach in a January 20 statement to Fox News Digital, saying his policies are "fair, legal, and reflect the values of my community." Internal emails obtained through Freedom of Information Act requests show Descano's office created a specialized "Immigration Consequences Unit" in March 2021, staffed by three attorneys who review cases for potential deportation impacts before charging decisions.
Fairfax County operates under sanctuary policies adopted by the Board of Supervisors in December 2019 by a 6-4 vote. The policies restrict county cooperation with Immigration and Customs Enforcement agents and prohibit local law enforcement from asking about immigration status during routine interactions. Board Chairman Jeff McKay has defended the sanctuary designation as necessary to maintain community trust in local government.
National Pattern of Federal Pushback
The Fairfax investigation represents the Trump administration's expanding effort to challenge sanctuary jurisdictions through civil rights enforcement. The Justice Department has launched similar probes in Cook County, Illinois, and King County, Washington, since January 20. Attorney General Pam Bondi announced plans during her confirmation hearing to pursue up to 50 such investigations by year-end.
Storck acknowledged that repeat offenders should face consequences but shifted responsibility to judges rather than prosecutors. "The key is that we need to address folks who have a history of not abiding by the law," he said Tuesday. "In the end, I realize that's the courts."
What's Next
The DOJ investigation will include depositions of Descano's staff attorneys and review of case files dating to January 2020. Federal investigators have requested all internal communications regarding immigration status considerations in charging decisions. The probe could take six to eight months to complete, with potential outcomes ranging from policy changes to criminal referrals. Descano faces reelection in November 2027, with three potential Republican challengers already announcing exploratory committees.
