DHS torches sanctuary Fairfax after accused child predator released despite immigration detainer

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Homeland security officials blasted Fairfax County, Virginia after DHS arrested an illegal immigrant convicted of pedophilic crimes, including aggravated sexual battery of a parent with a child and illicit filming of a naked minor, following the Democrat-led municipality's refusal to honor an ICE detainer.

The dispute comes as DHS and Republicans in Congress remain at odds with county leaders, including Commonwealth’s Attorney Steve Descano and Sheriff Stacey Ann Kincaid, over what they describe as a lax approach to prosecuting illegal immigrants and cooperating with federal authorities.

"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.

Fox News Digital reached out to Kincaid's office — which handles the jail — and a Fairfax County spokesman for comment but did not hear back by press time.

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ICE’s Washington field office arrested Honduran illegal immigrant Oscar Evaristo Nunez more than a year after Fairfax County corrections officials released him without cooperating with federal authorities.

Nunez was previously arrested in Fairfax on Aug. 27, 2025, on charges including aggravated sexual battery of a parent with a child ages 13 to 17, two counts of nonconsensual videotaping of an undressed minor and two counts of aggravated sexual battery of a victim under 13.

He was released two days later from the Fairfax County Adult Detention Center after corrections officials declined to honor a detainer lodged by ICE.

"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 said.

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"Once again, ICE did the job that these heartless sanctuary politicians won’t do: enforce the law and protect American lives. DHS is calling on Governor Abigail Spanberger and her fellow sanctuary politicians to stop putting the needs of illegal aliens over the safety of the American people."

Nunez remains in ICE custody, but his criminal proceedings continue in absentia in Fairfax, a spokesperson for Descano told Fox News Digital.

The spokesperson said a Descano prosecutor objected to the release.

Nunez's plea hearing was scheduled for Friday but has been continued to Nov. 5. A Descano 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."

Robert Guadian, director of ICE's Washington field office, said in a statement issued before the spokesperson's comments that when local officials refuse to honor ICE detainers, they prioritize politics over the safety of their communities.

The incident occurred before incumbent Gov. Abigail Spanberger took office in January, but ICE pointed to several other recent cases of denied detainers and the like that they say have created an unsafe environment across Virginia.

The agency has previously cited her 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, which a George H.W. Bush-appointed judge temporarily blocked last month.

In a statement to Fox News Digital, a Spanberger spokesperson said the Democrat "strongly believes violent criminals who are in the United States illegally should be prosecuted to the fullest extent of the law and deported."

"Under Governor Spanberger’s leadership, the Virginia Department of Corrections continues the long-standing practice of notifying ICE when individuals born outside of the United States are in state custody," they said.

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The spokesperson also cited Spanberger’s history as a CIA officer prosecuting crimes involving minors as particularly sensitive to Nunez’ case.

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"As a former federal law enforcement officer who went after child predators, Governor Spanberger will always prioritize the safety and well-being of Virginia families and kids."

Born and raised in Allentown, Pennsylvania, worked in both the New York and Washington bureaus for Fox News since 2013.