Three of 9 Men in Virginia Child Sting Freed on Bond Despite ICE Detainers

Q: How did suspects with extensive criminal histories manage to walk free on low bonds despite federal detainers?

They were able to walk free because the criminal case and the immigration case run on separate tracks, and an ICE detainer does not automatically block a local judge from granting bond. In Fairfax County, the suspects were arrested on Virginia criminal charges tied to the child-exploitation sting. Under Virginia procedure, a judge decides whether to hold a defendant, deny bond, or set a secured bond based on the pending charges, flight risk, and danger to the community. In this operation, police records show several suspects were released on relatively low secured bonds or later listed in court records as released on recognizance. That means the local court chose pretrial release terms rather than continued detention. An ICE detainer is only a federal request that a local jail notify ICE and, in many cases, hold the person for up to 48 hours after they would otherwise be released so federal agents can assume custody. It is not the same as a criminal arrest warrant, and by itself it does not cancel a state court bond decision. Whether ICE actually gets the person depends on local jail cooperation and timing. If the jail does not hold someone beyond the state release point, or if ICE does not take custody during the release window, the person can leave even though a detainer was lodged. The low bond amounts reflect local pretrial-release decisions in the state case, not immigration bond decisions. Those are separate from any later ICE custody or immigration bond process.

2 articles · Updated · Fox News · Aug 28

Three of the nine men arrested in a Fairfax County child-exploitation sting were released on bond despite ICE detainers, according to the Department of Homeland Security.
Fairfax County police said the suspects traveled to meet minors for sex after explicit online chats with undercover detectives posing as juveniles.
DHS identified the three as Reyben Leono Sanchez Hernandez, 21, Wilmer Alexander Aguilar Cruz, 28, and Henry Adalberto Flores Herrera, 39; their bonds were set at $3,000, $3,000 and $5,000.
DHS said the men are Salvadoran nationals with prior criminal histories, and that two were previously caught crossing the border illegally before being released into the U.S.
The department used the case to attack Fairfax County and Virginia immigration policies, urging Gov. Abigail Spanberger to restore cooperation with ICE.