A pro-police legal group has asked the U.S. Department of Justice to open an inquiry into the Fairfax County Commonwealth’s Attorney’s Office, alleging the office’s prosecutorial policies show systemic favoritism toward people unlawfully present in the United States. The Law Enforcement Legal Defense Fund (LELDF) told news outlets it will ask the Justice Department to apply the federal "pattern-or-practice" statute (34 U.S.C. § 12601) — a civil‑rights enforcement tool more commonly used to review law‑enforcement agencies — to examine whether the office’s policies deny equal protection to U.S. citizens and jeopardize public safety.
What LELDF Is Alleging
LELDF President Jason C. Johnson said the organization will ask the DOJ to evaluate whether Fairfax County Commonwealth’s Attorney Steve Descano’s policies create a "discriminatory system that endangers the public and erodes equal justice under law." The group points to a 2020 internal memo from Descano’s office instructing assistant commonwealth’s attorneys to "consider immigration consequences where possible and where doing so accords with justice" as the policy basis for a federal review.
Marvin Morales-Ortez was arrested by Fairfax County Police.
Context: Pattern‑Or‑Practice And Prior Use
The "pattern-or-practice" provision cited by LELDF is a civil‑rights enforcement mechanism the federal government has used to investigate systemic misconduct by police departments. The Biden‑era Justice Department invoked similar reviews in high‑profile inquiries, including the Louisville police review after the Breonna Taylor shooting, and in several other jurisdictions for allegations ranging from excessive force to discriminatory traffic practices.
Case Cited By LELDF
LELDF highlighted the case of Marvin Morales‑Ortez as an example. According to local reporting and court records, first‑degree murder charges tied to a 2019 killing were dropped by Descano’s office. A local ABC affiliate reported that prosecutors told the station their evidence showed Morales‑Ortez "was ultimately not the perpetrator" of the killing. But a preliminary hearing transcript obtained by a reporter indicated prosecutors had argued the defendant was present and involved in an ambush on a walking path. Authorities say Morales‑Ortez was later arrested on an unrelated shooting allegation after his release.
Steve Descano speaks at an event at the Center for American Progress on Dec. 17, 2019.
LELDF's Claim: The group asserts that "dozens" of noncitizens have received excessive leniency under the office’s policies, and that guidance to weigh deportation's "detrimental impact" on families results in unequal outcomes for citizens and noncitizens.
Descano's Response And Background
Descano has previously defended his approach as focused on public safety and fairness. His campaign and public statements emphasize protecting immigrant victims, limiting unnecessary family disruption, and building trust with communities that might otherwise avoid cooperating with law enforcement. He has also pushed back against characterizations that he is merely a "Soros‑funded" prosecutor, noting that his office's crime statistics show improvements in Fairfax County.
On specific cases, Descano’s office said a malicious‑wounding charge was dropped this year because the victim moved abroad and would not return to testify, leaving prosecutors without essential evidence to proceed.
What Happens Next
LELDF intends to submit a formal request to the Department of Justice seeking a pattern‑or‑practice review of prosecutorial practices in Fairfax. If the DOJ accepts the referral, the inquiry would evaluate whether the office’s policies amount to systemic civil‑rights violations that merit federal oversight.
Note: This report summarizes claims made by LELDF and statements from Descano’s office. A federal review would be the appropriate forum to determine whether the policy or its application violates federal civil‑rights law.
