The Department of Homeland Security (DHS) has criticized what it calls "sanctuary politicians" after an undocumented immigrant, Moises Domingo Rico Rosales, allegedly committed indecent exposure and attempted abduction at a Virginia park. DHS stated that officials in Fairfax County refused to cooperate with an Immigration and Customs Enforcement (ICE) detainer after Rosales was arrested on felony drug trafficking charges in 2024. Rosales, a Nicaraguan national who DHS says entered the U.S. illegally in 2022, was arrested Tuesday in connection with two incidents at Wakefield Park in Annandale, Virginia.
Rosales is now charged with abduction of a person with intent to defile and indecent exposure. DHS confirmed that ICE has lodged a detainer requesting Fairfax County officials not release him. According to DHS, Rosales was previously arrested in Fairfax County in 2024 on felony drug trafficking charges, but was released after local officials declined to honor an ICE detainer. Court records reportedly show that these drug charges were dropped by the Fairfax County Commonwealth's Attorney's office, allowing for his release from criminal custody.
Acting Assistant Secretary of DHS Lauren Bis stated, "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 has called on Governor Abigail Spanberger and other local officials to ensure Rosales is not released and is instead turned over to ICE custody, asserting that "open border and sanctuary policies have real consequences, and they are the creation of more innocent victims."
The case has brought renewed attention to disputes over ICE detainers and sanctuary-style policies in Northern Virginia. This follows an incident where Abdul Jalloh, an undocumented immigrant with numerous prior arrests, was charged with murder in the fatal stabbing of a woman at a Virginia bus stop. That case contributed to a House Judiciary subcommittee hearing concerning Fairfax County's policies, where local officials faced questions from congressional Republicans.
Officials in Fairfax County have previously defended their policies, stating they do not hold inmates solely on ICE detainers without a judicial warrant. ICE detainers request local jails to notify federal immigration authorities before an inmate's release and to hold the individual briefly for ICE to assume custody. ICE has argued that apprehending individuals in the community is less predictable and potentially more dangerous than jail transfers.
However, a spokesperson for Fairfax County Sheriff Stacey Kincaid's office countered DHS's characterization of the Rosales case. The spokesperson stated that Rosales was booked into the Fairfax County Adult Detention Center in 2024, and ICE filed an "informal request" but "failed to act upon" it after a court ordered his release. The office clarified that no judicial warrant was filed by ICE. The sheriff's office also indicated there was no ICE detainer on file for Rosales regarding his latest charges, despite DHS's claims, adding that ICE could take him into custody if a detainer is filed and they respond upon his ordered release. The office stated it does not prevent ICE from acting on civil detainers and requires a judicial order or court-issued criminal detainer to hold an inmate past their release date.
Regarding the dismissal of Rosales's 2024 drug charges, Laura Birnbaum, chief of staff for the Fairfax County Commonwealth's Attorney's office, explained that case outcomes can vary due to factors such as insufficient evidence, victims' reluctance to prosecute, witness availability, or cooperation from defendants. Birnbaum pushed back against political interpretations of case outcomes, stating that "Some right-wing activists may attempt to retrofit political motives onto certain case outcomes or claim that prosecutors have the perfect ability to predict and avert future crimes."
Governor Spanberger's office stated that while she believes undocumented individuals charged with violent crimes should be prosecuted and deported, local jail custody decisions are made by local officials. The Governor's office noted that Virginia law enforcement agencies continue to notify ICE of undocumented individuals in state custody and participate in federal task forces. The Governor's office affirmed her commitment to public safety, stemming from her background as a former federal law enforcement officer.