Oscar Evaristo Núñez walked out of Sheriff Stacey Kincaid’s (D) jail with five child sex charges and an ICE hold on his file, and, DHS says, that jail let him go without telling ICE.
That was not a slip. It is her written policy. Her office, in her own words, “will not detain an individual based on an informal request or detainer.” To Sheriff Kincaid, an ICE detainer is an informal request.
DHS says Núñez, a Honduran national, was arrested on August 27, 2025, on three counts of aggravated sexual battery and two counts of filming an undressed minor. Two of the battery counts involve a victim under 13.
ICE lodged a detainer with the Fairfax County Adult Detention Center on August 29, 2025. DHS says the county declined to honor it and released him without notifying ICE.
He was out two days after his arrest. ICE found him on its own and arrested him on September 15, 2026, more than a year later. He is charged, not convicted, and his plea hearing is now set for November 5.
Commonwealth’s Attorney Steve Descano’s (D) office told Fox one of its prosecutors objected to the release. He walked anyway.
Asked about it, a Fairfax County spokeswoman gave reporters seven words: “ICE detainers are handled by the sheriff.” Translation: don’t look at the county, look at Kincaid.
Look at Kincaid, then. Her office did not answer Fox’s request for comment, and her written policy already said everything she needed to say.
Supervisor Pat Herrity (R-Springfield), the lone Republican on the Board, called her legal excuse “a cop-out” back in July 2024.
The Committee wrote this story two weeks ago. On September 22 it reported that ICE lodged a detainer in October 2025 on a Guatemalan national charged with child sexual abuse material offenses. Kincaid’s office released him four days later, without notifying ICE, according to DHS.
ICE did not get him back until April 22, 2026. Same jail. Same policy. Same result.
Chairman Jeff McKay (D-At-Large) leads a Board of Supervisors with nine Democrats and one Republican. He introduced the county’s 2021 Trust Policy, which bars county police from telling ICE about an arrest.
So McKay’s police can’t call ICE about an arrest. Kincaid’s jail won’t hold anyone for ICE. In the Committee’s view, that is the Fairfax system, and Democrats built every piece of it.
DHS Secretary Markwayne Mullin said ICE got Núñez “with no help from sanctuary politicians in Fairfax County.” He is not wrong.
The fight is statewide. In Staunton, Freddi Chigo Mil, who DHS says entered the country illegally, is charged with second-degree murder in an August 30 stabbing that killed a woman. He is held without bond, with an ICE detainer on file.
The receipts. ICE lodged a detainer. Kincaid’s jail declined it and released him without a call. ICE found him a year later. The county said, ask the sheriff. The sheriff’s office said nothing.
The Committee’s ask: when ICE lodges a detainer on someone charged with a violent felony or a sex crime, the Fairfax jail holds him and calls ICE before he goes anywhere. Kincaid can do that with a pen. McKay and his Board can say out loud whether they want her to.
Two men charged with child sex crimes walked out of her jail in one year. Make them answer for both. Kincaid and McKay are on the ballot in November 2027.