ICE arrest details released by federal authorities indicate that Oscar Evaristo Nunez was detained on September 15 after Fairfax County, Virginia, released the Honduran national despite an immigration detainer connected to pending child-sex charges.
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The ICE arrest was announced in a September 30, 2026 statement from the Department of Homeland Security and U.S. Immigration and Customs Enforcement.
DHS said Nunez remains in ICE custody while his immigration proceedings continue.
What DHS says happened
According to DHS, Nunez was arrested in Fairfax County on August 27, 2025, and charged with aggravated sexual battery involving a parent and a child between 13 and 17 years old.
The department also said he faced two counts related to filming or videotaping an undressed minor without consent and two counts of aggravated sexual battery involving a victim younger than 13.
The charges are allegations, and the DHS announcement does not establish that Nunez was convicted of any offense.
ICE said it lodged an immigration detainer with the Fairfax County Adult Detention Center on August 29, 2025.
DHS said Fairfax County did not honor the detainer and released Nunez without notifying ICE.
The ICE arrest followed the agency’s later location of Nunez during what it described as a targeted enforcement operation on September 15, 2026.
How immigration detainers work
ICE describes an immigration detainer as a request to a federal, state or local law enforcement agency that asks the agency to notify ICE before a potentially removable person is released.
The request may also ask the facility to hold the person for up to 48 hours beyond the time the person otherwise would have been released so ICE can assume custody.
ICE’s official guidance says detainers are requests rather than criminal warrants and do not automatically result in deportation.
The agency also says that officers must have probable cause to believe the person is removable under federal immigration law before issuing a detainer.
An ICE arrest after a detainer is not honored can occur in a different setting than an arrest made while a person remains at a local facility.
When a local facility honors a detainer, ICE can generally take custody in a controlled setting.
When a facility does not honor one, ICE says officers may need to locate and arrest the person in the community.
Nunez’s immigration case remains unresolved
The DHS statement said Nunez entered the United States near Arizona in or around September 2003 without authorization.
That immigration allegation is separate from the criminal charges filed in Virginia.
The ICE arrest does not by itself mean that a person has been ordered removed from the United States.
Under ICE’s published guidance, removal generally requires lawful immigration authority, including a final order of removal when applicable.
The DHS release did not provide a hearing date, immigration court location or final disposition for Nunez’s case.
It also did not provide an update on the Virginia criminal prosecution or identify whether the state charges remain pending.
Statements from DHS and ICE officials
DHS Secretary Markwayne Mullin characterized the ICE arrest as an example of ICE taking custody after local officials declined to honor a detainer.
ICE Washington, D.C. Field Office Director Robert Guadian said the charges described in the release presented a serious public-safety concern.
Both officials criticized Fairfax County and Virginia officials over cooperation with federal immigration enforcement.
The ICE arrest was described in statements that reflected the administration’s position and did not include a response from Fairfax County, the Fairfax County Sheriff’s Office, Nunez or his attorney.
Because the source announcement was issued by DHS, claims about the detainer, release and subsequent arrest are attributed to federal immigration authorities.
What happens next
Following the ICE arrest, Nunez will remain in ICE custody unless the agency, an immigration judge or another lawful authority changes his custody status.
His immigration case may involve a custody determination, a removal proceeding or other action under federal immigration law.
The outcome of the immigration case will be separate from any decision by Virginia prosecutors or courts on the criminal charges.
People seeking official information about an individual in ICE custody can use ICE’s online detainee locator with the person’s name, date of birth, country of birth or A-number when available.
The ICE arrest and related case information may be limited because of privacy rules and the fact that immigration and criminal proceedings are separate systems.
Members of the public should rely on court records, ICE notices and official agency statements rather than treating criminal charges as proof of guilt.
Frequently Asked Questions
Who did ICE arrest in Fairfax County?
DHS said ICE arrested Oscar Evaristo Nunez, whom the department identified as a Honduran national, on September 15, 2026.
What charges did Nunez face in Virginia?
DHS said Nunez was charged with aggravated sexual battery, two counts involving nonconsensual filming or videotaping of an undressed minor, and two additional aggravated sexual battery counts involving a victim younger than 13.
What is an ICE immigration detainer?
ICE says a detainer is a request asking a law enforcement agency to notify ICE before releasing a potentially removable person and, when applicable, hold that person for up to 48 additional hours so ICE can assume custody.
Does an ICE arrest automatically mean deportation?
No. ICE says an arrest or detainer does not automatically result in deportation, and people in immigration proceedings are entitled to due process under the law.
Fact-Checked: The report was checked against the September 30, 2026 DHS release and ICE’s current official explanation of immigration detainers; the criminal allegations remain allegations unless established in court.
Disclaimer: This article reports official agency statements and does not determine the outcome of the criminal or immigration proceedings.
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