(The Center Square) – The U.S. Department of Homeland Security said U.S. Immigration and Customs Enforcement is seeking custody of a Fairfax County man if he is released from local jail after the agency lodged an immigration detainer in the case.
In a statement released Tuesday, Homeland Security said ICE asked that Juan Arevalo Mendez be transferred to federal custody if he is released from local custody.
The department said Mendez was arrested June 30 on charges of rape and kidnapping in connection with a September assault in Falls Church.
According to Homeland Security, ICE lodged the detainer the same day Mendez was arrested. The Fairfax County Sheriff’s Office confirmed it has an informal ICE detainer on file for Mendez. He’s in custody at the Fairfax County Adult Detention Center.
The Sheriff’s Office said it is too early to know the outcome of the criminal case but that ICE would be able to execute the detainer by taking Mendez into custody if and when he is ordered released.
“The Fairfax County Sheriff’s Office does not obstruct or prevent ICE from acting on their civil detainers,” said a statement from the department to The Center Square.
Laura Birnbaum, chief of staff and public information officer for the Fairfax County Commonwealth’s Attorney’s Office, confirmed the office is prosecuting the case.
She said Mendez remains in custody and that his next court date is scheduled for Sept. 1.
Homeland Security said Mendez first entered the United States as a lawful permanent resident in 1991 but lost that status following a 1998 conviction for destruction of property.
The department said he was deported in 2003, later reentered the country illegally, was deported again in 2014 following an illegal reentry conviction and subsequently returned to the United States again.
The governor’s office said Gov. Abigail Spanberger believes violent criminals who are in the United States illegally should be prosecuted to the fullest extent of the law and deported.
The governor’s office also said the Virginia Department of Corrections continues the longstanding practice of notifying ICE when individuals born outside the United States are in state custody and that Virginia state law enforcement agencies continue to participate in task forces and interagency cooperation with federal agencies.
