Illegal immigrant charged in 'horrific' child sex crime arrested by ICE after police let him go

Immigration and Customs Enforcement (ICE) says it has arrested a Colombian illegal immigrant charged with the rape of a minor in Massachusetts. The suspect was arrested but later released by local authorities despite ICE’s request to hold him.

The unnamed Colombian national was stopped entering the U.S. illegally in July 2022 and then released into the U.S. with a notice to appear in court by Border Patrol. He was also enrolled into the Alternatives to Detention (ATD) program.

ICE said he was arrested in Lynn, Massachusetts, in January for the alleged rape, indecent assault and battery of a minor over 14 and arraigned in court on Jan 29. Immediately, ICE’s Enforcement and Removal Operations (ERO) lodged an immigration detainer with Lynn District Court.

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When ICE believes a removable illegal immigrant has been arrested on criminal charges, it will lodge a detainer, which is a request that the agency be notified before the immigrant is released from custody and to hold them until ICE can take custody of them.

In this instance, ICE lodged a detainer but said it was not honored by the Essex County Sheriff’s Office, and he was released from state custody. The office did not respond to a request for comment from Fox News Digital.

It was not until March 28 when the Colombian national was arrested, according to ICE. He is in federal custody pending removal proceedings.

"This unlawfully present Colombian national stands accused of a horrific crime," said ERO Boston Field Office Director Todd Lyons said in a statement.

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"There are few crimes more disturbing than the sexual assault of a child, and no person more disturbing than one who would prey upon the most innocent members of our communities," he said. "ERO Boston will continue to prioritize public safety by working tenaciously to arrest and remove unlawfully present child sex predators from our New England neighborhoods."

Fox News was on the ground with ICE's Boston ERO unit last week when officers made five arrests, including the Colombian national, other alleged child rapists and a member of the MS-13 gang.

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Agents expressed frustration about "sanctuary" policies, which forbid law enforcement from cooperating with ICE detainers.

ICE and the Biden White House have urged cities and jurisdictions to cooperate with federal authorities with regard to handing over criminal illegal immigrants.

"We welcome local law enforcement’s support and cooperation in apprehending and removing individuals who pose a risk to national security or public safety," a White House spokesperson told Fox News Digital in February in response to a question about its stance on sanctuary cities. "When a local jurisdiction has information about an individual who could pose a threat to public safety, we want them to share that information with ICE."

Fox News' Channel's Bill Melugin contributed to this report.