On Saturday, Harmeet K. Dhillon, the assistant attorney general for civil rights, announced that the U.S. Department of Justice is investigating a new policy in Hennepin County, Minnesota, to determine if it illegally considers race in plea deals.
The investigation focuses on a policy memo issued by the county prosecutor’s office in recent days, instructing prosecutors to consider racial and age factors during plea negotiations and sentencing. Dhillon confirmed the investigation on social media, stating that a letter would be sent to the Hennepin County attorney’s office to investigate whether race is being used improperly in prosecutorial decisions.
The memo, issued by the county attorney’s office, encourages prosecutors to recognize racial and age-related factors when making plea decisions. It states that while racial identity and age should not be the sole factors in sentencing, they should be part of the overall consideration in case resolutions. The memo highlights the need to address racial disparities, which it claims undermine community trust and safety. 
Advocates for sentencing reform have long argued that the criminal justice system disproportionately impacts Black defendants compared to white defendants, even when they commit the same crimes. The prosecutor’s policy appears to be an attempt to address these concerns.
Dhillon’s letter noted that the investigation will assess whether the policy reflects a broader pattern of violating constitutional or legal rights. This investigation comes at a challenging time for the civil rights division, which has seen a wave of resignations in recent weeks. Many staff members have expressed frustration with recent changes in leadership and new priorities for investigations that some find alarming.
Dhillon, however, has praised the resignations, suggesting that those leaving the division may be more aligned with “woke ideology” than with the Trump administration’s agenda.
