Boston court ignores immigration detainer, releases illegal immigrant accused of raping developmentally disabled person

A criminal court in Boston thumbed its nose at a federal immigration detainer, thereby temporarily releasing onto the streets an illegal immigrant suspected of raping a particularly vulnerable individual.

In December 2022, a Haitian native crossed into the U.S. illegally via the point of entry in Brownsville, Texas. Though deemed inadmissible at the time, he was nonetheless given a notice to appear in an immigration court 2,200 miles away in Boston.

It appears the man showed even less respect for Americans and American laws during his time in Bean Town. Last September, Boston police officers arrested him on suspicion of rape and indecent assault and battery on a developmentally disabled person in Dorchester.

Because of the man's "unlawful immigration status," Boston agents with Enforcement and Removal Operations, a subdivision of ICE, immediately "lodged an immigration detainer" against him with the Dorchester District Court, an ICE press release said. However, the court ignored the detainer and in November released the suspect with just an ankle bracelet to keep him honest.

Luckily, it seemed to do the trick as the man — whose name has not been given but who is known to be 31 years old — was rearrested without incident by ERO Boston officers on January 9. He remains in the custody of ICE while he awaits an appearance before an immigration judge.

After the criminal case against him has been fully adjudicated, ERO Boston will petition to have him removed from the country, the press release claimed.

ERO Boston Field Office Director Todd M. Lyons issued a statement, slamming the Dorchester court for defying the detainer and releasing a potentially violent criminal back into the community.

"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," Lyons said.

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