The Department of Homeland Security (DHS) has placed "sanctuary politicians" on notice following the arrest of Moises Domingo Rico Rosales, a Nicaraguan national accused of indecent exposure and attempted abduction at Wakefield Park in Annandale, Virginia. DHS alleges that local officials in Fairfax County refused to cooperate with federal immigration authorities, leading to Rico Rosales' release after a 2024 arrest on felony drug trafficking charges.
DHS stated that Rico Rosales illegally entered the U.S. in Arizona in 2022 and was released under the Biden administration. He was arrested Tuesday by Fairfax County police in connection with the park incidents. Immigration and Customs Enforcement (ICE) has since lodged a detainer, requesting that Fairfax County officials not release him.
According to DHS, Rico Rosales was previously arrested in Fairfax County in 2024 for felony drug trafficking. Court records indicate that the charges were subsequently dropped by the office of Fairfax County Commonwealth’s Attorney Steve Descano, facilitating his release from criminal custody. Acting Assistant Secretary of DHS Lauren Bis criticized the situation, stating, "This criminal illegal alien exposed himself to one woman in a park and then attempted to abduct another woman the same day. He was previously arrested for drug trafficking in 2024, but Fairfax County sanctuary politicians refused to cooperate with ICE law enforcement and released him from jail."
DHS further stated, "This predator was RELEASED by the Biden Administration into our country in 2022. DHS is calling on Governor Abigail Spanberger and her fellow sanctuary politicians to commit to not releasing this criminal and instead turn him over to ICE custody. Open border and sanctuary policies have real consequences, and they are the creation of more innocent victims."
The case has reignited debate over ICE detainers and sanctuary-style policies in Northern Virginia, echoing concerns raised after the arrest of Abdul Jalloh, an individual with numerous prior arrests who is accused of the fatal stabbing of Stephanie Minter in Virginia. This case was a subject of a recent House Judiciary subcommittee hearing on Fairfax County’s sanctuary policies, where Descano and Fairfax County Sheriff Stacey Kincaid faced scrutiny from congressional Republicans.
Officials in Fairfax County have defended their policies, asserting they do not hold inmates solely on ICE detainers without a judicial warrant. ICE detainers are requests for notification before an inmate's release and a temporary hold for federal custody. Fairfax County Sheriff's Office spokesperson stated that ICE filed an "informal request" in the Rico Rosales case but "failed to act upon" it after a court ordered his release. The office added that no judicial warrant was filed by ICE and that federal immigration officials would be able to take him into custody if they file a detainer and respond to his release order.
Laura Birnbaum, chief of staff for Descano’s office, commented on the dropping of charges in 2024, noting various factors that can influence case outcomes, including insufficient evidence, victim cooperation, witness availability, and prosecutorial discretion. She pushed back against claims of political motives in case resolutions.
Governor Spanberger's office has stated that she believes violent criminals who are in the U.S. illegally should be prosecuted and deported. The office clarified that while Virginia's Department of Corrections notifies ICE of individuals born outside the U.S. in state custody, local jail custody decisions are made by local officials. The governor's office emphasized that under her leadership, law enforcement agencies continue to cooperate with federal agencies and that she prioritizes public safety.