Federal immigration authorities have arrested a Honduran man accused of child sex crimes more than a year after Fairfax County, Virginia, released him from custody without honoring a federal immigration detainer, the Department of Homeland Security announced.
Oscar Evaristo Nunez was taken into custody by ICE's Washington field office, DHS said. He had been arrested by Fairfax County authorities on Aug. 27, 2025, on charges including aggravated sexual battery of a parent with a child between the ages of 13 and 17, two counts of nonconsensual videotaping of an undressed minor, and two counts of aggravated sexual battery of a victim under 13. Two days later, the Fairfax County Adult Detention Center released him after corrections officials declined to honor a 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,» DHS Secretary Markwayne Mullin said in a statement. «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 added that ICE «did the job that these heartless sanctuary politicians won't do: enforce the law and protect American lives.» He called on Governor Abigail Spanberger and other officials to stop putting the needs of undocumented immigrants over public safety.
The case has intensified a long-running conflict between federal immigration authorities and Fairfax County leaders, including Commonwealth's Attorney Steve Descano and Sheriff Stacey Ann Kincaid, over cooperation with ICE detainers. DHS and congressional Republicans have accused the county of a lax approach to prosecuting undocumented immigrants and working with federal agents.
A spokesperson for Descano told Fox News Digital that a county prosecutor objected to Nunez's release and that his criminal proceedings continue in absentia in Fairfax. The spokesperson said ICE «stalled our ability to seek justice in this case and further delayed the [victim's] family's ability to get the closure they deserve» by taking him into custody «during an active prosecution.» Nunez's plea hearing, originally scheduled for Friday, has been continued to Nov. 5.
Robert Guadian, director of ICE's Washington field office, said in a statement that when local officials refuse to honor ICE detainers, they prioritize politics over the safety of their communities. The agency pointed to several other recent cases of denied detainers in Virginia, arguing they have created an unsafe environment across the state.
ICE has previously cited Spanberger's executive directives undoing Youngkin-era cooperation with ICE at the state level and the passage of a law restricting cooperative agreements between local authorities and DHS. A judge appointed by George H. W. Bush temporarily blocked that law last month.
The incident occurred before Spanberger took office in January, but the agency has used it to criticize her policies. In a statement to Fox News Digital, a Spanberger spokesperson said the governor «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 added that under her leadership, the Virginia Department of Corrections continues the long-standing practice of notifying ICE when individuals born outside the United States are in state custody.
The spokesperson also noted Spanberger's background as a CIA officer prosecuting crimes involving minors, saying she «will always prioritize the safety and well-being of Virginia families and kids.»
Nunez remains in ICE custody. The dispute over sanctuary policies in Virginia is expected to continue as federal and local officials remain at odds over how to handle undocumented immigrants accused of violent crimes.