ICE arrested Oscar Evaristo Nunez on 15 September after Fairfax County authorities released him despite an immigration detainer, according to the US Department of Homeland Security (DHS). The case has become part of a dispute over cooperation between Virginia officials and federal immigration authorities.

DHS says Nunez was arrested in August 2025 on charges including aggravated sexual battery involving children and filming an undressed minor without consent. The agency says he entered the US near Arizona in about September 2003 and that he remains in ICE custody during immigration proceedings. Virginia Governor Abigail Spanberger took office in January 2026, months after the detainer was filed, and has since ended some state agreements with ICE.