Fairfax County officials release Honduran suspect despite immigration detainer, ICE says

ALEXANDRIA, Va. - A 21-year-old Honduran national who is in the country illegally is now facing federal charges for assaulting a law enforcement officer in Springfield, Virginia.

The man is also facing state charges for sexually abusing a minor in Virginia and producing child sexual abuse material. 

He was released from custody in Fairfax County even though federal officials wanted him detained for violating immigration law.

According to federal prosecutors, Lemus Ramos punched an immigration and customs enforcement officer in the face on Jan. 4 in Springfield. This happened while Ramos was out on bond in Fairfax County.

U.S. Immigration and Customs Enforcement (ICE) says Fairfax County sheriff's deputies released Ramos from the Fairfax County Adult Detention Center even though he was the subject of a federal immigration detainer. 

"Fairfax County refused to honor the ICE detainer lodged against this Honduran noncitizen," said acting ICE Deputy Field Office Director Erik Weiss. "When ICE detainers are ignored by local authorities, the public is put at risk."

Lemus Ramos, 21, of Honduras 

Ramos was arrested on July 18, 2023 on charges of Carnal Knowledge, Possession of Child Pornography, and Manufacturing Child Pornography. 

A spokesperson for Fairfax County Commonwealth Attorney Steve Descano says Ramos was ordered to be released on a $3,000 bond by a magistrate judge. 

Ramos is still facing state charges along with charges for assaulting a federal officer.

State and federal authorities are currently coordinating. He is currently represented by a federal public defender.

Ramos is scheduled to go before a federal judge in Alexandria on Wednesday.

The Fairfax County Sheriff released a statement in response: 

On January 8, 2024, Immigration and Customs Enforcement (ICE) issued a press release concerning the release of an unnamed "Honduran national" from the Fairfax County Adult Detention Center. That press release, and the subsequent media reports, are blatantly false.

The "Honduran national," was brought to the Fairfax County Adult Detention Center on July 18, 2023, on charges of Carnal Knowledge, Possession of Child Pornography, and Manufacturing Child Pornography. Contrary to information in the press release, the Fairfax County Sheriff’s Office did not charge this individual with any criminal offenses. This individual’s criminal charges were brought by another local law enforcement agency.

The individual was brought to the Fairfax County Adult Detention Center at 8:45 p.m. on July 18, 2023. At that time a full check to determine the existence of any outstanding detainers or warrants was conducted. None existed. Upon being served with the criminal charges, the magistrate immediately gave this individual a $1,000 bond on each of his three charges. The individual then paid that bond and was released at 11:45 p.m. on the same day, July 18, 2023. In the three hours this individual was in the custody of the Fairfax County Sheriff’s Office, at no time was an ICE detainer or outstanding warrant provided to the Fairfax County Adult Detention Center.

To correct this misinformation, numerous phone calls were placed to ICE media relations. E-mails, calls, and text messages to numerous officials within ICE were sent and remain unanswered. Additionally, the above information was sent to FOX5 one hour prior to the publication of an erroneous news story and acknowledged. FOX5 chose to report ICE’s misinformation rather than recall this false story. They chose to do so despite the fact that the Sheriff’s Office provided specific information contradicting their narrative.

The Fairfax County Sheriff’s Office follows all local, state, and federal laws regarding the holding of inmates on outstanding detainers and warrants and routinely works with all public safety agencies to ensure the safety of our community.

Editor's Note: The headline of this story was changed to accurately reflect the content of our original report, and the full statement from the Fairfax County Sheriff has been included.