DHS Criticizes Fairfax County Over Release of Immigrant Charged in Child Sex Crimes

Homeland Security (DHS) officials have criticized Fairfax County, Virginia, after Immigration and Customs Enforcement (ICE) arrested an undocumented immigrant convicted of child sex offenses who had been released by the county. The agency stated that Fairfax County officials declined to honor an ICE detainer for the individual, identified as Oscar Evaristo Nunez, a Honduran national.

Nunez was arrested in August 2025 in Fairfax County on charges including aggravated sexual battery of a parent with a child, nonconsensual videotaping of an undressed minor, and aggravated sexual battery of a victim under 13. According to reports, he was released two days later from the Fairfax County Adult Detention Center after corrections officials did not honor the detainer lodged by ICE.

"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. "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 out onto the streets."

DHS stated that ICE's Washington field office successfully arrested Nunez more than a year after his initial release. The agency asserted that when local officials refuse to honor ICE detainers, they are prioritizing politics over community safety.

While Nunez's criminal proceedings were ongoing in Fairfax, a spokesperson for Commonwealth's Attorney Steve Descano told Fox News Digital that a prosecutor had objected to his release. The spokesperson added that ICE's action in taking Nunez into custody "during an active prosecution" stalled their ability to seek justice and further delayed the victim's family's closure.

Nunez's plea hearing was initially scheduled for Friday but has been continued to November 5. His criminal proceedings are continuing in absentia, according to Descano's office.

An ICE spokesperson indicated that the incident occurred before the current governor took office in January, but the agency cited other recent cases of denied detainers in Virginia, suggesting a pattern that creates an unsafe environment. The agency has previously pointed to executive directives that reversed prior cooperation agreements with ICE and a state law that, until temporarily blocked by a federal judge, had restricted cooperative agreements between local authorities and DHS.

A spokesperson for Governor Abigail Spanberger stated that the administration "strongly believes violent criminals who are in the United States illegally should be prosecuted to the fullest extent of the law and deported." The spokesperson noted that the Virginia Department of Corrections continues to notify ICE when individuals born outside the U.S. are in state custody, a practice that predates the current administration. The spokesperson also highlighted Governor Spanberger's background as a former CIA officer who prosecuted crimes involving minors, emphasizing her commitment to prioritizing the safety of Virginia families and children.