Homeland security officials have criticized Fairfax County, Virginia, after the Department of Homeland Security arrested an undocumented immigrant who had previously been convicted of serious crimes, such as aggravated sexual battery involving a minor and unlawfully filming a naked child. This incident follows the county’s refusal to comply with an ICE detainer.
The tension highlights an ongoing disagreement between DHS and Republican lawmakers in Congress, and local county officials, specifically Commonwealth’s Attorney Steve Descano and Sheriff Stacey Ann Kincaid. They’re at odds over what they see as a lenient approach to dealing with illegal immigrant cases and engaging with federal authorities.
“Another criminal illegal alien has been taken off the streets by the brave men and women of ICE, with no help from sanctuary politicians in Fairfax County,” said DHS Secretary Markwayne Mullin in a statement.
Fox News Digital reached out to Kincaid’s office, responsible for prison matters, and a representative for Fairfax County for their take but didn’t receive any response by the time of publication.
ICE agents arrested Oscar Evaristo Nunez, a Honduran illegal immigrant, more than a year after he was released by Fairfax County corrections officials without federal cooperation.
Nunez had been taken into custody on August 27, 2025, facing multiple charges including aggravated sexual battery related to a child between 13 and 17 years old, two counts of nonconsensual videotaping of a minor, and two counts of aggravated sexual battery involving a victim under 13.
Despite the gravity of the charges, he was released two days later, as local officials did not act on the ICE detainer.
“This illegal alien from Honduras had been arrested for child sex crimes in August last year, but Fairfax County refused to honor ICE’s detainer and let this creep back out onto the streets,” Mullin stated.
Nunez is currently in ICE custody; however, his criminal proceedings are ongoing in Fairfax, as noted by a spokesperson for Descano.
The spokesperson mentioned that a prosecutor from Descano’s office objected to Nunez’s release. His plea hearing, originally scheduled for Friday, has been pushed back to November 5. The spokesperson added that ICE’s actions complicated efforts to achieve justice for the victim.
Robert Guadian, director of ICE’s Washington field office, criticized local officials for prioritizing politics over community safety by not honoring ICE detainers.
Although the incident occurred before Governor Abigail Spanberger took office in January, ICE has referenced several other cases of ignored detainers to illustrate a broader issue of community safety across Virginia.
The agency has highlighted recently enacted directives that limit cooperation between local authorities and ICE, which has drawn the attention of federal judges.
In response, a spokesperson for Spanberger stated that the Democrat firmly believes that individuals who commit violent crimes should be vigorously prosecuted and deported as needed.
“Under Governor Spanberger’s leadership, the Virginia Department of Corrections maintains the practice of notifying ICE when non-citizens are in state custody,” the spokesperson claimed.
Additionally, they highlighted Spanberger’s background as a former CIA officer with experience in prosecuting crimes against minors, suggesting this background contributes to her sensitivity towards cases like Nunez’s.
