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A Honduran illegal immigrant facing multiple child sex crime charges is back in federal custody after authorities in Fairfax County, Virginia, released him from an immigration detainer, according to the Department of Homeland Security (DHS).
U.S. Immigration and Customs Enforcement (ICE) arrested Oscar Evaristo Nunez Sept. 15 during a targeted enforcement operation, DHS announced Wednesday.
Nunez was initially arrested Aug. 27, 2025, on charges of aggravated sexual battery involving children and offenses related to the non-consensual filming of an undressed minor, according to DHS.
ICE lodged a detainer with the Fairfax County Adult Detention Center two days later, but DHS said local authorities did not honor it and released Nunez without notifying the agency.
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The case has become the latest point of contention between the Trump administration and Virginia officials over cooperation with federal immigration enforcement.
“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 news release.
“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.
“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 Gov. Abigail Spanberger and her fellow sanctuary politicians to stop putting the needs of illegal aliens over the safety of the American people.”
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Spanberger, a Democrat, was not governor when Nunez was arrested, and ICE filed the detainer in August 2025. She took office in January 2026.
Spanberger has moved Virginia away from some forms of state participation in federal immigration enforcement since taking office, including directing state agencies to terminate agreements with ICE under the federal 287(g) program.
A representative for Fairfax County did not immediately respond to Fox News Digital’s request for comment.
DHS said Nunez illegally entered the U.S. near Arizona around September 2003.
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Nunez remains in ICE custody pending immigration proceedings.
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