Immigration agents arrest alleged rapist a month after court released him from jail
An illegal alien from Haiti charged with raping a disabled person in Massachusetts was apprehended by immigration authorities after he was released from jail by a judge who ignored a detainer lodged by Immigration and Customs Enforcement (ICE).
On Wednesday, ICE announced that a male Haitian national in his early 30s had been taken into custody on January 9 by Enforcement and Removal Operations (ERO) agents in Boston.
The suspect entered the United States illegally via a port of entry in Brownsville, Texas, in December of 2022.
Despite being deemed ‘inadmissible’ at the time, he was given a notice to appear before a Department of Justice immigration judge in Boston at an undisclosed later date and released into the U.S.
In September of 2023, the Haitian was arrested by Boston police and charged in the rape of a developmentally disabled person.
“Following his arrest, ERO Boston lodged an immigration detainer with the Dorchester District Court seeking his custody. The court did not honor the immigration detainer, and the noncitizen was ultimately released from the jail in Boston, where he had been held since his arrest, with an electronic monitoring device Nov. 8, 2023, pending the resolution of his criminal charges in a local criminal court,” ICE explained in a press release.
ERO Boston launched an investigation after learning of the court’s decision and arrested the Haitian in Dorchester last week — more than a month after his release.
The Haitian will remain in ICE custody at least until a hearing before a DOJ immigration judge and potentially longer as the criminal case is adjudicated, after which ICE will seek to remove him from the country.
“Disturbingly and despite our filing an immigration detainer, this individual was released back into the community by the criminal court,” said ERO Boston Field Office Director Todd M. Lyons.
“The men and women of ERO Boston continue to protect the community from those who pose a real public safety threat to our communities. We remain strongly committed to protecting residents in communities by apprehending those who are not lawfully present in this country and pose a threat to public safety. This remains central piece of our mission.”
In Fiscal Year 2023, ICE ERO reportedly arrested 73,822 noncitizens with criminal histories.
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