DHS Warns Sanctuary Policies After Alleged Park Predator’s Release

DHS Sounds Alarm Over Sanctuary Policies Following Park Assault Allegations

A Nicaraguan national, identified as Moises Domingo Rico Rosales, who allegedly entered the U.S. illegally in 2022 and was subsequently released under the current administration, has been arrested in connection with two disturbing incidents at Wakefield Park in Annandale, Virginia. The Department of Homeland Security (DHS) has highlighted the case as an example of how local sanctuary policies can impede federal immigration enforcement.

Allegations and Arrest

Fairfax County police apprehended Rico Rosales on Tuesday, linking him to allegations of indecent exposure and an attempted abduction. Authorities state that one woman was exposed to the suspect, and another was allegedly targeted for an attempted dragging into the woods. Rico Rosales is now facing charges of abduction with intent to defile and indecent exposure. Immigration and Customs Enforcement (ICE) has issued a detainer, requesting that Fairfax County officials hold him pending federal custody.

Previous Encounters and Local Cooperation Issues

According to DHS, Rico Rosales had a prior encounter with law enforcement in Fairfax County earlier this year, facing felony drug trafficking charges. However, he was reportedly released after local officials declined to honor an ICE detainer at that time. Court records indicate that these drug charges were subsequently dismissed by the office of Fairfax County Commonwealth’s Attorney Steve Descano, which has drawn scrutiny due to its funding sources.

Acting Assistant Secretary of DHS Lauren Bis stated, “This criminal illegal alien exposed himself to one woman in a park and then attempted to abduct another woman the same day. He was previously arrested for drug trafficking in 2024, but Fairfax County sanctuary politicians refused to cooperate with ICE law enforcement and released him from jail.” Bis further asserted, “This predator was RELEASED by the Biden Administration into our country in 2022. DHS is calling on Governor Abigail Spanberger and her fellow sanctuary politicians to commit to not releasing this criminal and instead turn him over to ICE custody. Open border and sanctuary policies have real consequences, and they are the creation of more innocent victims.”

Scrutiny of Sanctuary Policies

This case intensifies the ongoing debate surrounding ICE detainers and sanctuary policies in Northern Virginia. It follows a previous incident involving an individual with numerous prior arrests who was charged with murder after a fatal stabbing at a Virginia bus stop. That case contributed to a congressional hearing examining Fairfax County’s sanctuary policies, where local officials faced questioning regarding their handling of individuals with immigration violations.

Fairfax County officials have previously defended their policies, stating they do not hold individuals solely on ICE detainers without a judicial warrant. ICE detainers are requests for local jails to notify federal immigration authorities before an inmate’s release and to hold them temporarily for federal pickup. ICE has argued that apprehending individuals in the community is more unpredictable and potentially riskier than taking custody from a detention facility.

Fairfax County Sheriff’s Office Response

A spokesperson for the Fairfax County Sheriff’s Office, under Sheriff Stacey Kincaid, countered DHS’s characterization of the Rico Rosales case. The office stated that Rico Rosales was booked into the Fairfax County Adult Detention Center in 2024, and while ICE filed an “informal request,” they “failed to act upon” it after a court ordered his release. The sheriff’s office indicated that no judicial warrant was filed by ICE for his detention.

The sheriff’s office also noted that they currently have no ICE detainer on file for Rico Rosales related to his most recent charges, despite DHS claims. They clarified that ICE would be able to take him into custody at the detention center if a detainer is filed and they respond upon his ordered release. The spokesperson emphasized, “The Fairfax County Sheriff’s Office does not obstruct or prevent ICE from acting on their civil detainers.” The office’s policy, they added, is not to hold inmates past their release date unless ICE provides a judicial warrant or a court-issued criminal detainer. Standard operating procedures provided by the sheriff’s office require a “criminal judicial order” to hold a prisoner for immigration enforcement officials.

Commonwealth’s Attorney’s Office on Case Dismissals

Regarding the dismissal of Rico Rosales’ 2024 drug charges, Laura Birnbaum, chief of staff for the Commonwealth’s Attorney’s office, explained that case outcomes can vary for numerous reasons. These include insufficient evidence, victims’ reluctance to proceed, unavailability of witnesses, defendants’ cooperation with law enforcement, or remedial actions taken by defendants. Birnbaum stated that her office cannot jeopardize ongoing prosecutions, disclose sensitive victim or witness information, or share non-public case details. She also pushed back against what she described as “right-wing activists” attempting to assign political motives to case outcomes or claiming perfect foresight of future crimes by prosecutors.

Governor’s Office Stance

Governor Abigail Spanberger’s office has stated that local jail custody decisions, including those in Fairfax County, are made by local officials. The governor’s office maintains that while Governor Spanberger “strongly believes violent criminals who are in the United States illegally should be prosecuted to the fullest extent of the law and deported,” and that the Virginia Department of Corrections continues to notify ICE of individuals in state custody born outside the U.S., state law enforcement agencies also cooperate with federal agencies.

A statement from the governor’s office highlighted Governor Spanberger’s background as a former federal law enforcement officer focused on child predators, asserting that she will always prioritize the safety and well-being of Virginia’s families. The office also noted that the governor has taken steps to limit Virginia law enforcement’s role in federal civil immigration enforcement, including rescinding prior directives and signing legislation restricting state and local assistance in civil immigration operations without a judicial warrant or subpoena.