The case of Moises Domingo Rico Rosales, a Nicaraguan national accused of indecent exposure and attempted abduction, has brought renewed scrutiny to Northern Virginia's sanctuary-style policies and the handling of illegal immigrants with criminal charges.
Rico Rosales, who allegedly entered the U.S. in Arizona in 2022, was previously arrested in Fairfax County last year on felony drug trafficking charges but was released after local officials refused to cooperate with federal immigration officials, according to the Department of Homeland Security.
He is now charged with abduction of a person with intent to defile and indecent exposure, and Immigration and Customs Enforcement has lodged a detainer asking Fairfax County officials not to release him, the Department of Homeland Security said.
Rico Rosales' release in 2024 was facilitated after the office of Fairfax County Commonwealth's Attorney Steve Descano dropped the felony drug trafficking charges, paving the way for his release from criminal custody, local court records show.
"This predator was released by the Biden Administration into our country in 2022," said Acting Assistant Secretary of the Department of Homeland Security.
Acting Assistant Secretary of the Department of Homeland Security called on Governor Abigail Spanberger and her fellow sanctuary politicians to commit to not releasing criminal illegal immigrants and instead turn them over to ICE custody, citing the real consequences of open border and sanctuary policies.
The case has drawn attention to the ongoing debate over ICE detainers and sanctuary-style policies in Northern Virginia, particularly in Fairfax County, where officials have defended their policy by saying they do not hold inmates on ICE detainers alone without a judicial warrant.
ICE has argued that at-large arrests are more unpredictable and potentially dangerous than jail transfers, while the Fairfax County Sheriff's Office has pushed back on the Department of Homeland Security's characterization of the Rico Rosales case, saying he was booked into the Fairfax County Adult Detention Center in 2024 and that ICE filed an "informal request," but "failed to act upon" it after a court ordered Rico Rosales released.
The sheriff's office also said it does not currently have an ICE detainer on file for Rico Rosales in connection with his latest charges, despite the Department of Homeland Security saying ICE had lodged one, and that ICE would be able to take him into custody at the Fairfax County Adult Detention Center if federal immigration officials file a detainer and respond when he is ordered released.
Fairfax County officials have argued that their policy is not to hold inmates past their release date unless ICE presents a judicial warrant or court-issued criminal detainer, and that the office of Fairfax County Commonwealth's Attorney Steve Descano will share additional specifics about cases where possible, but cannot jeopardize ongoing prosecutions or investigations.
The case has also sparked criticism of Governor Spanberger's policies, who has moved to limit Virginia law enforcement's role in federal civil immigration enforcement, including rescinding Youngkin-era directives and ending state-level 287(g) agreements.
However, her office argues local jail custody decisions, including in Fairfax County, are made by local officials rather than the governor, and that Governor Spanberger will always prioritize the safety and well-being of Virginia's families.
