ICE Arrests Alleged Child Rapist: A Tale Of FAILED Immigration Enforcement In Virginia

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In a recent announcement, U.S. Immigration and Customs Enforcement (ICE) reported the apprehension of a 21-year-old illegal immigrant from Honduras, who was charged with sexually assaulting a minor in Virginia and producing child pornography.

The individual was initially detained by U.S. Border Patrol in January 2020 but was later released into a children's facility in New York, and subsequently in Virginia. The consequences of this decision appear to have been devastating, with at least one life reportedly ruined.

The ICE Enforcement and Removal Operations Washington, D.C., team apprehended the alleged criminal on December 4 in Springfield, Virginia. The arrest was not without incident; the accused reportedly assaulted a deportation officer during the process.

Erik Weiss, Deputy Field Office Director, expressed his disappointment with Fairfax County's refusal to honor the ICE detainer lodged against the Honduran national. Fairfax County, which openly states on its website that it does not enforce civil federal immigration laws, also offers guidance to foreign nationals on how to navigate encounters with immigration officials or the police.

Weiss stressed the dangers of ignoring ICE detainers, stating, "When ICE detainers are ignored by local authorities, the public is put at risk; unfortunately, this time the result was the unnecessary injury of a federal law enforcement officer while prosecuting the arrest of a noncitizen charged with sexually abusing a Virginia minor and producing child sexual abuse material."

The accused, who entered the country illegally and without inspection by an immigration official, was initially apprehended by the U.S. Border Patrol near Clint, Texas, in January 2020. Despite being of military age, he was treated as an unaccompanied juvenile and was issued a notice to appear before a Biden Department of Justice immigration judge. He was charged with being in the U.S. without admission or parole.

After receiving his notice and charges, the accused was released into the custody of the Office of Refugee and Resettlement at the Children's Home of Kingston in New York. A month later, he was released into the custody of his alleged father in Alexandria, Virginia.

In July 2023, the individual was arrested and charged with carnal knowledge of a child between the ages of 13 and 14 without force, possession of child pornography, and producing child sexual abuse material.

ICE lodged an immigration detainer against the accused with the Fairfax County Adult Detention Center on the day of his arrest. However, the detention center did not honor the detainer and released the Honduran national from custody without notifying the Enforcement and Removal Operations Washington, D.C.

Despite the lack of cooperation from Fairfax County, the Mobile Criminal Apprehensions Team of ERO Washington raided the accused's residence on January 4. During the arrest, the illegal immigrant reportedly assaulted an officer, adding to his list of charges.

This case bears a striking resemblance to another recent case involving a Honduran national charged with rape. In October, ICE arrested a Honduran in Herndon, Virginia, who had been charged with felony rape by force, threat, or intimidation; abduction by force; and assault on a family member.

In both cases, the Fairfax County Adult Detention Center released the suspects despite immigration detainers issued by ERO Washington, D.C. However, in both instances, ERO officers were eventually able to apprehend the suspects.

In another case, ICE successfully deported a Honduran national wanted for aggravated sexual assault before he could reoffend on American soil. Wilian Emilson Castro Bustillo, 34, illegally entered the country near Eagle Pass, Texas, on June 11. He was taken into custody by ERO San Antonio, and an immigration judge ordered his removal from the U.S. on September 1.

According to Blaze News, only a small percentage of illegal immigrants were deported last year approximately 4.4% of the over 2 million migrants encountered at the border. Of those deported, 49% had criminal histories with an average of 3.8 convictions per criminal. The crimes included 3,809 convictions for rape, 1,457 for homicide, 1,450 for kidnappings, 26,714 for assault, and 2,760 for robbery.