Illegal immigrant charged with kidnapping after Santary County freed him, DHS says

An illegal immigrant who allegedly exposed himself to one woman before trying to drag another woman into the woods in a Virginia park was arrested last year on drug-trafficking charges but was released after local officials refused to cooperate with federal immigration officials, according to the Department of Homeland Security (DHS).

Moises Domingo Rico Rosales, a Nicaraguan national who DHS says entered the US 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 defile and indecent exposure, and Immigration and Customs Enforcement (ICE) has placed a detainer on him asking Fairfax County officials not to release him, DHS said.

DHS said Rico Rosales was arrested in Fairfax County in 2024 on drug trafficking charges, but was later released after local officials refused to honor an ICE detainer. According to a local report, court records show that 2024 drug charges were dropped by George Soros’ office with the support of Fairfax County Commonwealth’s Attorney Steve Descano, paving the way for him to be released from criminal custody.

“This illegal criminal exposed himself to one woman in the park and then attempted to kidnap another woman that same day,” said DHS Acting Secretary Lauren Bis. “He was arrested for drug trafficking in 2024, but Fairfax County politicians refused to cooperate with ICE law enforcement and released him from prison.”

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“This rapist was BROUGHT out of our country by the Biden Administration in 2022. DHS is calling on Governor Abigail Spanberger and her sanctuary political allies to commit to not releasing this criminal and instead turning him over to ICE custody. Open border and sanctuary policies have real consequences, and they are creating innocent victims.”

The case will be revisited in Northern Virginia’s battle over ICE detainers and sanctuary policies in the coming months after Abdul Jalloh, an illegal immigrant from Sierra Leone with more than 30 prior convictions, was charged with second-degree murder in the stabbing of Stephanie Minter, 41, at a bus stop in Virginia.

That case helped spark a House Judiciary subcommittee hearing on Fairfax County’s sanctuary policies, in which Descano and Fairfax County Sheriff Stacey Kincaid faced questions from congressional Republicans about their handling of illegal immigrants and ICE detainees.

Fairfax officials have defended their policy by saying they do not detain ICE detainees without a warrant. ICE detainers ask local jails to notify immigration authorities before the detainee’s release and detain the person temporarily, so ICE can take custody. ICE has pointed out that mass arrests are unpredictable and can be more dangerous than prison transfers.

Abdul Jalloh, 32, is accused of killing Stephanie Minter, 41, at a bus stop in Virginia. (Fairfax County Police Department; provided)

The Sheriff’s County Sheriff’s Office has denied that DHS is responsible for Rico Rosales’ case, telling Fox News Digital that he was booked into the Fairfax County Adult Detention Center in 2024 and that ICE filed an “informal request,” but “failed to take it” after the court ordered Rico Rosales to be released.

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“There is no warrant filed by ICE,” Sheriff’s Office spokeswoman Stacey Kincaid said.

The sheriff’s office also said it currently does not have an ICE detainer on file for Rico Rosales in connection with his recent charges, although DHS says ICE has filed one. The office said ICE will be able to take him into custody at the Fairfax County Adult Detention Center if immigration officials send the detainee and respond when he is released.

“The Fairfax County Sheriff’s Office does not prohibit or prohibit ICE from serving detainers,” the spokesperson said.

Kincaid’s office said its policy is not to allow inmates to exceed their release date unless ICE presents a warrant or criminal detainer issued by a court. Part of the sheriff’s office’s standard operating procedures provided to Fox News Digital states that, to “arrest a detainer” for Customs and Border Patrol (CBP), ICE or another immigration law enforcement officer, a “criminal court order” is required.

When asked about the dismissal of Rico Rosales’ charges in 2024, Laura Birnbaum, chief of staff and public information officer in Descano’s office, said there are “many reasons” why the outcome of a criminal case may differ from the original cases, including insufficient evidence, victims who do not want to continue prosecution, key witnesses not being present in court, defendants as prosecutors or prosecutors taking ethical action. reimbursement or treatment, dealing with other agencies or an initial charge that does not reflect what actually happened.

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“Our office will share additional information about cases where possible, but we cannot jeopardize ongoing prosecutions or investigations; disclose personal information about victims or witnesses; or share non-public case information,” Birnbaum told Fox News Digital.

Birnbaum also pushed back against the office’s criticism, saying, “Some right-wing activists may try to put political agendas back into certain trial outcomes or claim that prosecutors have the perfect ability to predict and prevent future crimes.”

Governor Spanberger has decided to limit the role of law enforcement in Virginia in strengthening federal law enforcement, including revoking the Youngkin-era directives, ending state-level 287(g) agreements and signing legislation that limits state and local law enforcement assistance in immigration operations without a warrant or warrant. However, his office opposes local jail maintenance decisions, including Fairfax County, being made by local officials instead of the governor.

Abdul Jalloh, a 32-year-old man from Sierra Leone who DHS says entered the US illegally in 2012, was arrested on suspicion of stabbing to death a 41-year-old woman in Fairfax County and has an extensive criminal record. (Department of Homeland Security/Getty Images)

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“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 a longstanding practice of notifying ICE when persons born outside the United States are in federal custody. Virginia state authorities also continue to participate in law enforcement in cooperation with federal agencies,” said a statement from Spanberger’s office provided Fox News Digital.

“As a former child victim law enforcement officer, Governor Spanberger will always prioritize the safety and well-being of Virginia families,” his office continued.