An illegal immigrant who was arrested in January on charges of incest and sexual battery is now in the custody of U.S. Immigration and Customs Enforcement (ICE) after being released from a Virginia county jail.

Officers with ICE, the State Department’s Diplomatic Security team, the Bureau of Alcohol, Tobacco, and Firearms, and Virginia State Police arrested Marvin Mateo-Alberto last week, a Honduran national who was in the U.S. illegally, according to an ICE release.

The Hoduran national first illegally entered the U.S. in October 2005 near Eagle Pass, Texas, according to the release, where he was given a notice to appear in front of an immigration judge.

ICE USING SOCIAL SECURITY RECORDS TO AID TRUMP PUSH TO DEPORT ILLEGAL IMMIGRANTS

In April 2006, a Justice Department judge ordered that Mateo-Alberto be removed from the United States.

Despite that, Mateo-Alberto was arrested in January by the Fairfax County Police Department and charged with incest with a 13-to-17-year-old child and aggravated sexual battery: parent with a 13-to-17-year-old child, the release notes, resulting in ICE lodging a detainer against him with the Fairfax County Adult Detention Center.

However, the release notes, the county detention center did not honor the ICE detainer and released Mateo-Alberto 15 days after his arrest.

Fairfax County has “not designated” itself “as a sanctuary county,” according to the county’s website, adding that it “complies to the fullest extent required by federal, state or local law with any law enforcement agency requesting criminal law enforcement assistance.”

However, the website also notes its official policy is that it “does not and will not enforce civil federal immigration laws.”

FLORIDA’S LARGEST VENEZUELAN STRONGHOLD POISED TO JOIN FORCES WITH ICE: REPORT

“The federal courts have determined that the enforcement of civil immigration laws is solely a federal responsibility under the exclusive authority of ICE,” the county website reads.

The Fairfax County Sheriff’s Department did not immediately respond to a Fox News Digital request for comment.

Mateo-Alberto was eventually arrested by ICE on April 10 and remains in the agency’s custody, according to the ICE release.

“Marvin Mateo-Alberto stands accused of some very appalling and disturbing crimes and represents a threat to the children of our Virginia communities,” ICE Enforcement and Removal Operations Washington, D.C., Field Office Director Russell Hott said. 

“We cannot in good conscience allow Mr. Mateo to continue to potentially threaten other children in our neighborhoods. ICE Washington, D.C. will continue to prioritize public safety by arresting and removing criminal alien threats from our streets.”