ICE Recaptures Honduran Man Fairfax County Released Despite Detainer in Child Sex Case

Federal immigration agents arrested Oscar Evaristo Nunez, a Honduran national facing child sex abuse charges in Fairfax County, more than a year after local corrections officials released him from jail without honoring a detainer request from U.S. Immigration and Customs Enforcement.

Nunez was first arrested in Fairfax on Aug. 27, 2025, on charges that include 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. Two days later, he was released from the Fairfax County Adult Detention Center after corrections officials declined to honor an ICE detainer.

ICE’s Washington field office took Nunez back into custody this week. He remains in federal custody, and his criminal case is proceeding in absentia in Fairfax County, according to a spokesperson for Commonwealth’s Attorney Steve Descano, who said a prosecutor from his office had objected to the original release.

Nunez’s plea hearing, originally set for Friday, has been pushed to Nov. 5. The 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.”

DHS Points to Sanctuary Policies

DHS Secretary Markwayne Mullin criticized Fairfax County leadership over the case.

“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. “Once again, ICE did the job that these heartless sanctuary politicians won’t do: enforce the law and protect American lives.”

Mullin called on Gov. Abigail Spanberger and “her fellow sanctuary politicians to stop putting the needs of illegal aliens over the safety of the American people.”

Robert Guadian, director of ICE’s Washington field office, said in a statement that when local officials refuse to honor ICE detainers, they are prioritizing politics over the safety of their communities.

Fox News Digital reported that it reached out to Sheriff Stacey Ann Kincaid’s office, which oversees the county jail, and to a Fairfax County spokesperson for comment but did not receive a response.

Spanberger’s Office Responds

Nunez’s initial release predates Spanberger’s inauguration in January. DHS has previously pointed to Spanberger-era executive directives reversing cooperation with ICE established under former Gov. Glenn Youngkin, as well as a state law restricting cooperative agreements between local authorities and DHS. That law was temporarily blocked last month by a federal judge appointed by President George H.W. Bush.

A spokesperson for Spanberger said the governor “strongly believes violent criminals who are in the United States illegally should be prosecuted to the fullest extent of the law and deported,” and noted that “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.”

The spokesperson also cited Spanberger’s background as a former CIA officer who worked on cases involving crimes against minors, saying she “will always prioritize the safety and well-being of Virginia families and kids.”