Fairfax immigrants get better consideration in Virginia state criminal court than in federal prosecutions

Fairfax immigrants get better consideration from the chief county prosecutor / Commonwealth Attorney Steve Descano, than with federal prosecutors (who apparently give no such consideration). As a Virginia criminal lawyer, I told my views about this recently on this Spanish television news link, in the light of this misguided United States Justice Department (DOJ) probe into the matter. Univistision television news asked me about this probe on May 7, 2026.

What consideration do Fairfax immigrants get in this county’s criminal court?

I wrote about this Fairfax immigrants topic in this earlier Beat the Prosecution blog entry here. Chief prosecutor Steve Descano’s police directive on the matter is here. My points that Univision aired are about the need for respect for states’ rights not to enforce federal immigration law, the need for state prosecutors not to enforce unjust immigration laws, and that this investigation is part of the Donald Trump administration’s efforts against immigrants. My points to the interviewer that were not aired is that fewer people will want to assist police investigations if they fear adverse immigration enforcement as a result, and that this prosecutor’s office also sometimes takes into consideration veteran status and security clearance status of defendants, not only immigration status.

What should I do in Fairfax and other criminal courts if not a U.S. citizen?

The foregoing plea policy of Virginia chief prosecutor Steve Descano about Fairfax immigrants, should be fully understood in its relevant parts to know how you might benefit from that policy directive. this starts with meeting with a crimmigration lawyer — who int his instance practices criminal defense and at minimum knows immigration issues to look out for.

Should I expect Fairfax chief prosecutor Steve Descano’s pro-immigrant policies to retrench as a result of this federal probe?

This federal probe of the Fairfax immigrants policy at the chief prosecutor’s office, seems more window dressing than anything of much substance, except to the extent to which federal funding can be withheld from this Fairfax commonwealth attorney’s office and other Virginia prosecutor’s offices for allegedly not towing the party line, which can raise all types of litigation not to yank any such funds. A key start here is for all criminal defendants timely to obtain a qualified lawyer to defend them in court.

Fairfax criminal lawyer Jonathan Katz relentlessly pursues your best defense against Virginia felony, misdemeanor and DUI prosecutions. You will thank yourself for meeting with Jon Katz about your court-pending case, as you will likely feel more confident and informed about your defenses by the time you condlude that meeting. Schedule your free in-person consultation with Jon Katz about your court-pending prosecution, at 703-383-1100,, Info@BeatTheProsecution.com and (text) 571-406-7268.