Nine progressive prosecutors around the country, including Fairfax County’s Steve Descano, have joined forces in hopes of holding federal agents accountable for violating state laws.
The Project to Fight Against Federal Overreach (FAFO) coalition, which launched yesterday (Wednesday), aims to “rein in unlawful conduct” amid a growing presence of federal immigration and law enforcement in communities across the country.
“Unfortunately for those guys, we’re in the finding out business,” Descano said. “I want all of those agents to hear me when I say, ‘You do not have total immunity for your actions. If you break state law, you’ll have to answer to state authorities.'”
Joining Descano in the effort is Arlington County Commonwealth’s Attorney Parisa Dehghani-Tafti, as well as leading prosecutors from Minneapolis, Philadelphia and other jurisdictions.
The coalition, which will “share strategies” and “coordinate on accountability efforts,” is a response to mounting concerns about how the Trump administration has ramped up policing of immigrants across the country, including reported unlawful detentions, warrantless entries and more.
Opposition has grown in recent days following the deaths of poet Renee Good and Department of Veterans Affairs nurse Alex Pretti, who were shot and killed by federal immigration officers while protesting their presence in Minneapolis.
State and federal law enforcement officers have since argued about who is responsible for the crime scenes, and whether or not state-level charges can be brought against the officers responsible for the killings.
Descano said that the “chaos you’re seeing on the streets” is the result of “a federal government that thinks they’re above the law.”
“We’re in bad times because we have a federal government that is deploying masked agents to occupy American cities with the explicit guarantee that they have full immunity to do whatever they want,” Descano said.
In Virginia, for example, it is a felony to wear a face covering in a public place “so as to conceal the identity of the wearer.” Though that charge is commonly levied against robbers and trespassers, it could be used to prosecute immigration officers, who now routinely wear masks and sometimes forgo uniforms or badges.
A bill proposed by state Sen. Saddam Salim (D-37) would specifically ban state and federal law enforcement officers from wearing face coverings while performing their duties. Part of a larger package of legislation pushed by Virginia Democrats to rein in federal immigration and border patrol agents, the bill was referred to the Senate Finance and Appropriations Committee yesterday.
If any new restrictions are adopted in Virginia, the new FAFO coalition would presumably help ensure they’re enforced.
“There is no federal pardon power that can help you escape answering for your crimes,” Descano said. “Take it from me — you are not above the law.”
The participating prosecutors are planning to meet in early February “to share strategies for pushing back against the lawless actions of federal forces in states and cities around the country,” according to a press release.
“When federal agents exceed their lawful authority, local prosecutors have both the power and the duty to act,” District Attorney of Philadelphia Larry Krasner said. “The project exists to ensure that accountability is real, coordinated, and enforced through lawful institutions.”
