In a controversial case that has raised questions about immigration policies, an undocumented immigrant accused of inappropriate behavior at a Virginia high school may avoid deportation, according to Immigration and Customs Enforcement (ICE). The situation has sparked debate over the influence of local political decisions in this blue state.

Israel Flores Ortiz, 18, faces nine charges of assault and battery after approximately a dozen students reported him for allegedly groping them at Fairfax High School, situated just 15 miles from Washington, D.C. Parents of one of the alleged victims, who wished to remain anonymous, described how Ortiz reportedly “sneakily walked up behind them and put his hand in between their legs,” according to an interview with 7News.

Ortiz, who is nearly 19, was enrolled in the 11th grade at the time of the incidents. He initially entered the United States illegally in 2024, having come from El Salvador, as reported by ICE.

Despite the severity of the charges, Ortiz was released from custody by the Biden administration after his arrest, a move that has further fueled discussions on how immigration laws are enforced and the discretion exercised by federal authorities.

He entered the country illegally in 2024 from El Salvador, according to Immigration and Customs Enforcement (ICE).  

However, following his arrest, Ortiz was not deported and was instead released by the Biden administration.  

Now, despite the allegations against him, the Fairfax County Sheriff’s Department, headed by Sheriff Stacey Kinkaid, has rejected requests by the Department of Homeland Security (DHS) for a detainer to place him in ICE custody. 

‘Unfortunately, sanctuary politicians like Gov. (Abigail) Spanberger are outlawing cooperation with ICE and choosing to RELEASE criminal illegal aliens from their jails back onto their communities to create more American victims,’ an ICE spokesperson said. 

‘We are calling on Fairfax County to honor our detainer to ensure this violent criminal is removed from our country so he can never claim another victim again.’

Israel Flores Ortiz was arrested on March 7 for nine counts of assault and battery 

DHS criticized Virginia Governor Abigail Spanberger for her relaxed policies around immigration

According to ICE, an immigration detainer asks law enforcement to notify the agency before releasing an undocumented immigrant and hold them for an additional 48 hours so that DHS can assume custody. 

Virginia Governor Spanberger, who has spearheaded the anti-deportation agenda in her state, has been criticized in the past for her progressive policies.  

Among the executive orders she issued after she first assumed office this year were policies reducing police cooperation with ICE. 

Just days before Ortiz’s arrest, which shook the Fairfax County School District, Spanberger made a post celebrating her focus on Virginia’s public schools. 

‘Our littlest Virginians will soon be our next generation of leaders, innovators, entrepreneurs — the list goes on and on,’ she wrote.

‘That’s why I’m focused on strengthening Virginia’s public schools and setting our next generation up for success.’

Her words were met with ridicule from her many critics, several of whom argued their children did not feel safe, especially in Fairfax County. 

‘Just won’t protect them against criminals,’ one person said. 

‘You want to fill schools with illegals and won’t deport illegals as we should by federal law,’ another added.

‘What is this when everyone has been waiting for you to address Fairfax County being in the news for multiple attacks?’ a third chimed in. 

‘Have you been reading the news lately?’ 

Sheriff Stacey Kincaid and the Fairfax County Sheriff’s Department have reportedly denied ICE’s request for a detainer against Ortiz

At least a dozen students at Fairfax County High School accused Ortiz of grabbing them inappropriately in the school hallway

Many Fairfax County parents assembled at the courthouse this week with concerns over their students’ safety after their daughters came forward claiming to be victims of Ortiz’s attacks. 

‘I think from the very beginning, Fairfax County has attempted to diminish what happened to these girls,’ a parent said, calling the county’s approach to the situation ‘abysmal.’ 

A representative for Fairfax County School District told the Daily Mail they could not comment on the litigation. 

‘While Fairfax County Public Schools (FCPS) is unable to comment on specifics due to federal and state privacy laws, we prioritize student and staff safety and we fully investigate any time someone shares that an incident has occurred at school, or that they do not feel safe at school,’ they wrote. 

‘We are grateful to our law enforcement partners who continue to work swiftly and thoroughly when there are safety concerns in our schools. The safety of all FCPS students and staff remains a top priority.’

Concerned parents (pictured) told 7News that they were dissatisfied with the way the school handled the incident

The school issued a letter on March 12, boiling Ortiz’s alleged actions down to a ‘student touching students’ buttocks.’

‘It was not just a butt smack or a butt grab,’ a parent rebutted. ‘It was a groping of a private area. It had been occurring for several months.’ 

While a judge denied Ortiz’s request for bail, parents still worry that Fairfax County will allow him back into the school system if he is released. 

Especially because the local government has failed to deport him. 

Even if Ortiz is jailed, his charges are classified as a misdemeanor, which could give him just a year behind bars.

‘I feel like this seems like a crime of someone that will escalate … if it’s not handled properly,’ a parent said. ‘And that’s been my concern,’

The Daily Mail contacted Spanberger’s office and the Fairfax County Sheriff’s Office for comment.