In a case raising serious questions about local and federal law enforcement coordination, U.S. Immigration and Customs Enforcement (ICE) has arrested a Honduran national convicted of rape—after he was released twice from local custody in New York.
The man, identified as a 31-year-old Honduran citizen, was taken into ICE custody earlier this month. According to ICE, this individual has a criminal record that includes multiple felony convictions, including second-degree rape, for which he served time in prison. Despite an active immigration detainer, local authorities allegedly released him on two separate occasions without notifying federal officials.
What Happened?
ICE officials explained that they had lodged a detainer request on the man while he was in local custody, asking that the jail hold him until federal agents could take him into custody. Detainers are standard practice used by ICE to identify and remove noncitizens who commit serious crimes. However, the local jail reportedly chose not to honor these detainer requests—releasing the man both times without alerting ICE.
“This individual is a convicted rapist who has repeatedly shown disregard for U.S. law,” said Thomas Decker, Field Office Director for ICE’s Enforcement and Removal Operations (ERO) in New York. “When local jurisdictions refuse to honor ICE detainers, they put the community at risk.”
Background on the Arrest
The Honduran national first entered the United States illegally at an unknown date and location. ICE records show that he had been encountered by immigration authorities in the past but was never fully removed from the country. After serving time in prison for his rape conviction in New York, he became the subject of an ICE detainer.
But instead of being transferred to ICE custody, he was released back into the community—twice.
He was arrested again on separate charges, but each time, local law enforcement released him without coordination with ICE. This created what federal officials are calling a major public safety loophole.
Eventually, ICE located him and arrested him during a targeted enforcement operation.
Why This Case Matters
The case has highlighted the ongoing tension between ICE and some local governments that have adopted so-called “sanctuary” policies. These policies often limit cooperation with federal immigration enforcement, particularly regarding detainer requests.
Federal officials argue that these policies hinder public safety and allow dangerous criminals to remain in the country. On the other hand, local officials in sanctuary jurisdictions often say they aim to build trust between immigrant communities and law enforcement, which they believe improves overall community safety.
In this case, however, ICE says the lack of cooperation directly allowed a convicted rapist to re-enter the community, not once—but twice.
“This should be a wake-up call,” said Decker. “When you release violent offenders instead of turning them over to federal immigration authorities, the consequences can be tragic.”
What Happens Next?
The arrested individual is now in ICE custody and faces removal proceedings. Immigration court will determine whether he is to be deported back to Honduras.
ICE officials say they will continue targeting public safety threats and emphasize the importance of cooperation from local law enforcement.
“This is not about politics,” Decker added. “It’s about keeping communities safe from people who have already proven they pose a serious danger.”