The Department of Homeland Security sharply criticized Virginia’s sanctuary policies Wednesday, calling on Virginia Gov. Abigail Spanberger to step in after an illegal immigrant charged with se***lly abusing a 5-year-old girl was granted bond.
The case involves 43-year-old Jose Nahun Aleman Hernandez of Woodbridge, Virginia. He was arrested June 3 by the Prince William County Police Department and charged with aggravated sexual battery.
According to police, the child was at her babysitter’s home when Hernandez, who was also inside the residence, allegedly touched her inappropriately. Authorities said the alleged abuse took place over an extended period, from January 2023 through March 2026.
The police report stated that the child did not report any physical injuries.
Hernandez was given a $5,000 secured bond, which prompted DHS to issue a public appeal urging Spanberger to make sure he is not released back into the community.
The agency posted its criticism on social media, accusing the governor of refusing to cooperate with federal immigration authorities.
“Sanctuary Spanberger’s REFUSAL to work with [ICE] has made Virginians less safe and the commonwealth a magnet for illegal alien crime,” DHS wrote.
The post reflected growing tension between federal immigration officials and state or local jurisdictions that limit cooperation with Immigration and Customs Enforcement. Sanctuary policies vary by location, but they often restrict when local authorities can hold individuals for ICE or notify federal officials before an inmate is released.
DHS used the case to argue that those policies can put the public at risk, especially when someone facing a serious criminal charge is eligible for release on bond. The agency’s message was aimed directly at Spanberger, pressing her to act before Hernandez could be released from custody.
Spanberger had not publicly responded to the DHS criticism as of Wednesday afternoon.
The case has drawn attention not only because of the severity of the charge, but also because of the age of the alleged victim and the length of time police say the abuse occurred. Aggravated s***al battery is a serious felony in Virginia, and cases involving children typically bring heightened public concern.
DHS did not limit its statement to the criminal allegation itself. Instead, the agency tied the case to broader immigration enforcement concerns, arguing that state-level resistance to ICE cooperation makes it harder to remove illegal immigrants who are accused of serious crimes.
The Prince William County Police Department has identified Hernandez as the suspect in the case and said the investigation began after the alleged abuse was reported. Police said the child was known to Hernandez through the babysitter’s home, where the alleged incidents occurred.
For DHS, the central issue is whether Hernandez could be released despite the charge against him. The agency’s public demand placed pressure on Spanberger to clarify her administration’s position on cooperation with ICE in cases involving violent or s***al offenses.
