The Law Enforcement Legal Defense Fund, a nonprofit organization known for supporting police facing legal challenges, intends to ask the U.S. Department of Justice to investigate Fairfax County, Virginia, Commonwealth’s Attorney Steve Descano. This request is based on allegations that Descano has been lenient in prosecuting cases involving undocumented immigrants.

The scrutiny of Descano intensified following claims from the Trump administration that he dropped charges against a 23-year-old undocumented immigrant accused of murder. The Department of Homeland Security under Trump has also criticized the Biden administration for its handling of the immigrant's case, labeling him as a 'non-enforcement priority.'

The Law Enforcement Legal Defense Fund is invoking a federal provision previously used to investigate police conduct, particularly in cases where there is a pattern of civil rights violations. This provision was notably applied in the investigation of the Louisville police following the death of Breonna Taylor in 2020.

The group argues that Descano's prosecutorial decisions favor undocumented immigrants, which they claim discriminates against American citizens. Critics, including independent consultant Michael Collins, assert that such actions represent a misuse of legal protections intended to uphold civil rights, suggesting that this approach undermines public trust in the justice system.

Descano has faced multiple attempts at recall elections, organized by groups associated with the Law Enforcement Legal Defense Fund. The organization has focused on reform-minded prosecutors, including Descano and Arlington County's Parisa Dehghani-Tafti, since their elections.

Virginia Attorney General Jason Miyares has also criticized Descano, claiming his policies have made the county unsafe for law-abiding citizens. The Law Enforcement Legal Defense Fund allocates a significant portion of its budget to public relations, with a smaller fraction directed toward legal defense for police officers.