ICE Arrests Honduran Man Accused of Child Sex Crimes After Fairfax County Released Him
Oscar Evaristo Nunez, a Honduran national accused of aggravated sexual battery involving children, was arrested by ICE on Sept. 15 after Fairfax County, Virginia, released him despite a federal immigration detainer, DHS said.
U.S. Immigration and Customs Enforcement has taken a Honduran man accused of child sex crimes back into federal custody after authorities in Fairfax County, Virginia, released him from jail without honoring an immigration detainer, the Department of Homeland Security announced Wednesday.
Oscar Evaristo Nunez was arrested by ICE on Sept. 15 during a targeted enforcement operation, according to DHS. He had initially been taken into custody on Aug. 27, 2025, on charges of aggravated sexual battery involving children and offenses related to the non-consensual filming of an undressed minor.
ICE lodged a detainer with the Fairfax County Adult Detention Center two days after that arrest. According to DHS, local authorities did not honor the request and released Nunez without notifying the agency. The case has become the latest flashpoint between the Trump administration and Virginia officials over cooperation with federal immigration enforcement.
«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 news release. «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» and called on Governor Abigail Spanberger and other Virginia officials to stop «putting the needs of illegal aliens over the safety of the American people.»
Spanberger, a Democrat, was not governor when Nunez was arrested and when ICE filed the detainer in August 2025. She took office in January 2026. Since then, she has moved Virginia away from some forms of state participation in federal immigration enforcement, including directing state agencies to terminate agreements with ICE under the federal 287(g) program.
A representative for Fairfax County did not immediately respond to a request for comment.
According to DHS, Nunez illegally entered the United States near Arizona around September 2003. He remains in ICE custody pending immigration proceedings.
The arrest highlights a continuing dispute over so-called sanctuary policies, under which some local jurisdictions limit cooperation with federal immigration authorities. Supporters of such policies argue they encourage residents to report crimes without fear of deportation, while critics contend they allow dangerous individuals to return to the streets.
DHS has repeatedly pointed to cases in Fairfax County as evidence of what it describes as a refusal by local officials to work with federal agents. The department said the Nunez case follows a similar pattern in which detainers are ignored and suspects are released before ICE can take custody.
Federal immigration detainers are requests that local jails hold a person for up to 48 hours beyond their scheduled release so that ICE can assume custody. Some jurisdictions decline to honor them, citing legal concerns and court rulings that have questioned whether detainers carry sufficient judicial authority.
The case is likely to intensify the broader national debate over immigration enforcement as the Trump administration presses states and localities to cooperate more closely with federal agents. Virginia's decision to end some 287(g) agreements has made it a particular target of criticism from DHS.
Nunez now faces immigration proceedings while in ICE custody. The charges against him in Fairfax County remain pending, and no additional court dates have been announced.
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