Illegal Immigrant Accused of Child Rape Arrested by ICE After Fairfax County Release

An illegal immigrant accused of raping a child under the age of 13 was released from jail in Fairfax County, Virginia, despite an active detainer from U.S. Immigration and Customs Enforcement (ICE). Walvin Victor Hugo Garcia, a Guatemalan national, faces multiple charges including rape of a child under 13, aggravated sexual battery, use of a computer to commit a sex offense with a minor, and distributing drugs to a minor, according to the Department of Homeland Security (DHS).

Garcia first entered the United States illegally near Eagle Pass, Texas, in October 2023. By February 2025, an immigration judge in Virginia had issued a final order of removal for him. Despite this, Fairfax County officials allowed Garcia to leave jail following his court appearance on May 1 without notifying ICE. ICE officers were waiting at the courthouse and immediately took Garcia into custody.

DHS sharply condemned Fairfax County officials and Virginia Governor Abigail Spanberger over the release. Governor Spanberger, who signed executive orders banning state police cooperation with ICE upon taking office, has been accused by DHS of enabling dangerous criminals to roam free. Acting Assistant Secretary Lauren Bis stated, “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. 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.”

The DHS claims that sanctuary policies in Fairfax County are putting residents at risk, pointing to several cases this year where illegal immigrants have been charged with murder, including the high-profile killing of Stephanie Minter.

This incident highlights the ongoing tension between federal immigration enforcement and local sanctuary policies, raising urgent questions about public safety and accountability in jurisdictions that limit cooperation with ICE.