DHS: ICE arrests illegal alien accused of child rape who had previously been released in Va.
OAN Staff Addie Davis
2:45 PM – Tuesday, May 5, 2026
Immigration and Customs Enforcement (ICE) officers arrested an illegal alien accused of child rape after he had previously been released in Fairfax County, Virginia.
According to a Tuesday press release from the Department of Homeland Security (DHS), Walvin Victor Hugo Garcia, an illegal immigrant from Guatemala, was arrested on Friday after appearing in Fairfax County Court.
In June, 2025, Garcia was arrested for felony charges of rape of a child less than 13 years of age, aggravated sexual battery of a victim under 13 years of age, use of a computer to commit sex offense with a minor, and distributing drugs to a minor, the department reported.
Despite ICE lodging a detainer following his initial arrest, the DHS said “sanctuary politicians REFUSED to cooperate with ICE,” and Garcia was permitted to leave court without the agency being notified.
The DHS attributed Garcia’s release to Governor Abigail Spanberger (D-Va.) and “sanctuary politicians.”
“Governor Spanberger and her fellow sanctuary politicians in Fairfax, Virginia refused to cooperate with ICE and RELEASED this child rapist from jail back onto the streets,” said DHS Acting Assistant Secretary Lauren Bis.
“This criminal illegal alien from Guatemala has been charged with raping a child under 13, aggravated sexual battery of a victim under 13, and distributing drugs to a minor. Thanks to our brave law enforcement, this sicko is out of our communities. Governor Spanberger and Fairfax sanctuary politicians are playing Russian roulette with American lives by releasing criminals from jail into American neighborhoods,” she continued.
The DHS claimed that when Spanberger took office in January, 2026, she signed executive orders banning the state’s cooperation with ICE.
Claiming sanctuary policies were endangering residents, the department listed examples of brutal crimes committed by illegal immigrants, saying Fairfax County “has become a hotbed of illegal alien crime in recent months.”
Homeland Security said Garcia was released by Fairfax County and appeared for his court date on his own, and he was then arrested inside the courthouse, though outside the courtroom, without assistance from locals, reported Fox News.
In a statement to the outlet, a spokesperson for Spanberger 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.”
A spokesperson for the Fairfax County Commonwealth’s Attorney also told Fox News that the DHS press releases “continue to give false impressions about what is going on in the Fairfax Courthouse, when Fairfax prosecutors work every day to prosecute serious crimes and get justice for the community.”
“We were actively prosecuting this individual for aggravated sexual battery and rape of a child,” the statement continued. “ICE arrested him at the Fairfax County Courthouse when he appeared for a hearing in this case on May 1st.”
In a Tuesday social media post, DHS condemned the lack of cooperation with ICE by the county.
“By REFUSING to cooperate with ICE law enforcement and releasing criminals from jail into our neighborhoods, Governor Spanberger and Fairfax sanctuary politicians are putting American lives at risk,” the department stated.
Garcia first came to the U.S. illegally near Eagle Pass, Texas in October, 2023 and was then released by the Biden administration into the country, DHS explained. An Immigration Judge in Virginia issued a final order of removal for Garcia in February, 2025.
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