A Honduran national, identified as Oscar Evaristo Nunez, who is accused of multiple child sex offenses, has been returned to federal custody following his release from the Fairfax County Adult Detention Center in Virginia, where an immigration detainer was not honored. U.S. Immigration and Customs Enforcement (ICE) conducted a targeted operation to apprehend Nunez on September 15, as announced by the Department of Homeland Security (DHS) on Wednesday.
Allegations and Local Release
Nunez was initially taken into custody on August 27, 2025, facing charges that include aggravated sexual battery involving children and offenses related to the non-consensual recording of an undressed minor. Following this arrest, ICE issued an immigration detainer to the Fairfax County Adult Detention Center two days later. However, according to DHS, local authorities in Fairfax County opted not to comply with the detainer and subsequently released Nunez without informing the federal agency.
Nunez is reported to have entered the United States without authorization near Arizona in approximately September 2003.
Federal Criticism and State Policies
This incident has intensified the ongoing debate between federal immigration enforcement bodies and Virginia officials regarding cooperation with federal authorities. DHS Secretary Markwayne Mullin issued a strong statement regarding the re-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,” Secretary Mullin stated 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.”
He continued, “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.”
It is important to note that Governor Abigail Spanberger, a Democrat, was not in office when Nunez's initial arrest occurred and the ICE detainer was filed in August 2025; she assumed the governorship in January 2026. Since taking office, Governor Spanberger has initiated changes to Virginia's involvement in federal immigration enforcement, including directing state agencies to end agreements with ICE under the federal 287(g) program, which allows local law enforcement to perform certain immigration enforcement functions.
Nunez currently remains in ICE custody as he awaits immigration proceedings.