ICE has arrested Oscar Evaristo Nunez, a Honduran illegal alien, after Fairfax County released him despite an ICE detainer. Nunez was previously charged on August 27, 2025, with aggravated sexual battery of a child under 13 and two counts of nonconsent: filming/videotaping of an undressed minor.
ICE lodged a detainer for Nunez on August 29, but Fairfax County authorities released him without notifying ICE. This incident marks the third time a Virginia sanctuary jurisdiction has ignored an ICE detainer to release a suspect with child sex crime convictions.
Fairfax County enacted a “trust” policy in 2021 that ended cooperation with ICE. The county’s policy states it will comply with federal law but restrict sharing of personal identifiable information that could be used for immigration enforcement efforts. This practice may violate federal law requiring government entities to share immigration data.
DHS Secretary Markwayne Mullin stated: “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.”
Additionally, ICE has arrested Walvin Victor Hugo Garcia, a Guatemalan national who was released by local authorities despite having been charged with raping a child under 13 and distributing drugs to minors. In April, ICE arrested Roni Mendez-Escobar, a Guatemalan national who had been convicted of multiple counts of possession of child pornography.
Governor Abigail Spanberger rescinded an executive order requiring state law enforcement cooperation with ICE shortly after taking office, claiming it would divert resources from public safety.