that Illegal immigrant who allegedly exposed himself to a woman before trying to drag another woman into the woods at a park in Virginia, was arrested last year on felony drug trafficking charges, but was released after sanctuary authority officials refused to cooperate with federal immigration officials, according to the Department of Homeland Security (DHS).
Moises Domingo Rico Rosales, a Nicaraguan national who the Department of Homeland Security says entered the U.S. illegally in Arizona in 2022 before being released under the Biden administration, was arrested Tuesday after Fairfax County police said he was connected to two separate incidents at Wakefield Park in Annandale, Virginia.
He is now charged with kidnapping with intent to desecrate and indecent exposure, and Immigration and Customs Enforcement (ICE) has made a detainer request that Fairfax County officials not release him, the Department of Homeland Security said.
Rico Rosales was previously arrested in Fairfax County in 2024 on felony drug trafficking charges, but was later released after local officials refused to honor an ICE detainer, DHS said.
According to local reports, court records show that 2024 drug charges have been dropped by the office of Steve Descano, the George Soros-backed Fairfax County Commonwealth’s Attorney, paving the way for his release from criminal custody.
“This criminal illegal alien exposed himself to a woman in a park and then attempted to kidnap another woman that same day,” said Acting Assistant Secretary of Homeland Security Loren Pace. “He was previously arrested for drug trafficking in 2024, but sanctuary politicians in Fairfax County refused to cooperate with ICE enforcement and released him from prison.”
“The Biden administration has released this predator into our country in 2022.
DHS calls on Gov. Abigail Spanberger and her political colleagues to commit to not releasing this criminal and instead turning him over to ICE custody.
Open borders and safe haven policies have real consequences, and they lead to more innocent victims.
The case is drawing renewed scrutiny in Northern Virginia’s struggle over ICE detainees and sanctuary-style policies, months after Abdul Jalloh, an undocumented immigrant from Sierra Leone with more than 30 prior arrests, was charged with second-degree murder in the fatal stabbing of 41-year-old Stephanie Minter at a Virginia bus station.
The issue helped spark a recent House Judiciary Subcommittee hearing on sanctuary policies in Fairfax County, where Descano and Fairfax County Sheriff Stacy Kincaid faced questions from congressional Republicans about their handling of criminal illegal immigrants and ICE detainees.
Fairfax officials have previously defended their policy by saying they do not hold prisoners in ICE detention alone without a warrant.
ICE detainers require local jails to notify federal immigration authorities before releasing and briefly detaining a prisoner, so that ICE can take over the detention.
ICE has argued that general arrests are unpredictable and potentially more dangerous than transfers to prisons.
The Fairfax County Sheriff’s Office responded to the Department of Homeland Security’s characterization of Rico Rosales’ case, telling Fox News Digital that he was booked into the Fairfax County Adult Detention Center in 2024 and that ICE made an “informal request,” but “failed to act on it” after the court ordered Rico Rosales released.
“There was no warrant filed by ICE,” Sheriff’s Office spokesman Stacey Kincaid said.
The Sheriff’s Office also said it does not currently have an ICE detainer in Rico Rosales’ file in connection with the latest charges against him, although Homeland Security said ICE has provided a detainer. The office said ICE would be able to hold him in the Fairfax County Adult Detention Center if federal immigration officials produce a detainer and respond when his release is ordered.
“The Fairfax County Sheriff’s Office does not impede or prevent ICE from acting with its civilian detainees,” the spokesperson said.
Kincaid’s office said its policy is to not detain prisoners past their release date unless ICE serves a warrant or a court-ordered criminal detainer.
Part of the Sheriff’s Office standard operating procedures provided to Fox News Digital states that “to detain a prisoner for” Customs and Border Patrol (CBP), ICE or any other immigration enforcement official, a “criminal warrant” is required.
When asked about dropping the charges against Rico Rosales in 2024, Laura Birnbaum, chief of staff and public information officer in Descano’s office, said there were “many reasons” behind the outcome. Criminal case They may differ from the initial charges, including insufficient evidence, victims not wanting to pursue prosecution, key witnesses not being present in court, defendants cooperating with police or prosecutors, defendants taking behavioral steps such as restitution or treatment, or coordinating with other agencies, or the initial charge not reflecting what actually happened.
“Our office will share additional details about cases where possible, but we cannot jeopardize prosecutions or ongoing investigations; disclose personal information about victims or witnesses; or share non-public case information,” Birnbaum told Fox News Digital.
Birnbaum also responded to criticism of the office, saying, “Some right-wing activists may try to adjust political motivations to the outcomes of certain cases or claim that prosecutors have the perfect ability to predict and avoid future crimes.”
Governor Spanberger has moved to limit the role of Virginia law enforcement in enforcing federal civil immigration laws, including rescinding Youngkin-era directives, ending statewide 287(g) agreements and signing legislation restricting state and local law enforcement assistance in civil immigration operations in the absence of a warrant or subpoena.
However, her office says detention decisions in local jails, including Fairfax County, are made by local officials, not the governor.
“Governor Spanberger strongly believes that violent criminals who are in the United States illegally should be prosecuted to the fullest extent of the law and deported.
Under Governor Spanberger’s leadership, the Virginia Department of Corrections continues the long-standing practice of notifying ICE when individuals born outside the United States are in state custody.
Virginia law enforcement agencies also continue to participate in task forces and interagency cooperation with federal agencies, a statement from Spanberger’s office provided to Fox News Digital said.
“As a former federal law enforcement officer who prosecuted child abusers, Governor Spanberger will always prioritize the safety and well-being of Virginia families,” her office continued.