An illegal immigrant from Nicaragua now charged with trying to drag a woman into the woods at a Virginia park was arrested last year on felony drug trafficking charges — but Fairfax County officials refused to hold him for ICE and released him back onto the streets, according to the Department of Homeland Security.
Moises Domingo Rico Rosales illegally entered the U.S. in Arizona in 2022 and was released under the Biden administration, DHS said. On Tuesday, Fairfax County police arrested him after linking him to two separate incidents at Wakefield Park in Annandale, Virginia — one involving indecent exposure, the other an attempted abduction.
He now faces charges of abduction of a person with intent to defile and indecent exposure. ICE has lodged a detainer asking Fairfax County not to release him again.
“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.”
That’s Acting Assistant Secretary of DHS Lauren Bis, who called Rico Rosales a “predator” released by the Biden administration in 2022.
According to local court records, the 2024 felony drug trafficking charges against Rico Rosales were dropped by the office of George Soros-backed Fairfax County Commonwealth’s Attorney Steve Descano, paving the way for his release from criminal custody despite the ICE detainer.
“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,” Bis said. “Open border and sanctuary policies have real consequences, and they are the creation of more innocent victims.”
The case is drawing renewed scrutiny to Northern Virginia’s fight over ICE detainers and sanctuary-style policies. It comes months after Abdul Jalloh, an illegal 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 stop.
That case fueled a recent House Judiciary subcommittee hearing where Descano and Fairfax County Sheriff Stacey Kincaid faced questions from congressional Republicans over their handling of criminal illegal immigrants and ICE detainers.
The Fairfax County Sheriff’s Office pushed back on DHS’s account, telling Fox News Digital that ICE filed an “informal request” in 2024 but “failed to act upon” it after a court ordered Rico Rosales released. The office said there was no judicial warrant filed by ICE.
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 DHS saying ICE had lodged one.
“The Fairfax County Sheriff’s Office does not obstruct or prevent ICE from acting on their civil detainers,” a spokesperson for Sheriff Kincaid’s office said. The office said its policy is not to hold inmates past their release date unless ICE presents a judicial warrant or court-issued criminal detainer.
When asked about Rico Rosales’ 2024 drug charges being dropped, Laura Birnbaum, chief of staff for Descano’s office, said there are “many reasons” why a criminal case outcome may differ from initial charges — including insufficient evidence, uncooperative victims or witnesses, or coordination with other agencies. She said the office cannot share specifics that would jeopardize ongoing prosecutions.
Birnbaum also pushed back: “Some right-wing activists may attempt to retrofit political motives onto certain case outcomes or claim that prosecutors have the perfect ability to predict and avert future crimes.”
Governor Spanberger has moved to limit Virginia law enforcement’s role in federal civil immigration enforcement, including rescinding directives from the previous administration, ending state-level 287(g) agreements, and signing legislation that restricts state and local law-enforcement assistance in civil immigration operations absent a judicial warrant or subpoena.
A statement from Spanberger’s office said the governor “strongly believes violent criminals who are in the United States illegally should be prosecuted to the fullest extent of the law and deported.” Her office noted that Virginia state law enforcement continues to participate in task forces and inter-agency cooperation with federal agencies, and that the Virginia Department of Corrections continues notifying ICE when individuals born outside the U.S. are in state custody.
“As a former federal law enforcement officer who went after child predators, Governor Spanberger will always prioritize the safety and well-being of Virginia’s families,” her office said.
The charges remain allegations. The case has not been proven in court.
