Jail Cell, TFP File Photo

Massachusetts Court Releases Illegal Haitian Who Raped A Disabled Person

Jail Cell, TFP File Photo
Jail Cell, TFP File Photo

A Massachusetts court released an illegal Haitian immigrant who is charged with raping a disabled person after the man was detained by Boston Police and Enforcement and Removal Operations (ERO) Boston.

“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 in a press release. “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 December 2022, the 31-year-old Haitian national arrived at the port of entry in Brownsville, Texas, where he was deemed inadmissible and issued a notice to appear before an immigration judge with the Department of Justice (DOJ) Executive Office for Immigration Review (EOIR) in Boston.

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In September 2023, Boston police arrested him for rape and indecent assault and battery on 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, according to a press release.

After becoming aware of his recent arrest and unlawful immigration status, ERO Boston began an investigation to confirm the Haitian citizen’s presence its area of responsibility. Following confirmation of his presence, officers with ERO Boston arrested him without incident in Dorchester Jan. 9.

His charges remain pending with the local criminal court.

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He will remain in U.S. Immigration and Customs Enforcement (ICE) custody pending an upcoming hearing before a DOJ immigration judge. Following adjudication of his local criminal charges, ERO Boston will seek his removal from the United States.

ERO conducts removals of individuals without a lawful basis to remain in the United States, including at the order of immigration judges with the DOJ’s EOIR. EOIR is a separate entity from the Department of Homeland Security and ICE.

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