A 31-year-old Haitian national who is unlawfully present in the United States, and who was recently charged with raping a developmentally disabled person in Massachusetts, has been arrested by Boston U.S. Immigration and Customs Enforcement (ICE) agents.
According to ICE, the 31-year-old Haitian national arrived at a Texas port of entry in December 2022, where he was deemed inadmissible and issued a notice to appear before an immigration judge in Boston.
In September 2023, Boston police arrested the Haitian national for rape and indecent assault and battery on a developmentally disabled person in Dorchester, Massachusetts.
Following his arrest, ICE Enforcement and Removal Operations (ERO) Boston lodged an immigration detainer on the Haitian national with the Dorchester District Court seeking to take him into custody.
Immigration detainers are lodged by ICE against individuals who have been arrested on criminal charges in the U.S., and who ICE has probable cause to believe are removable non-citizens.
The Dorchester District Court did not honor the immigration detainer, and the Haitian national was released from jail in Boston — where he had been since his arrest — on Nov. 8, 2023, pending the resolution of his criminal charges in a local criminal court.
After conducting an investigation into the Haitian citizen’s presence in the U.S., ERO Boston arrested him without incident in Dorchester on Jan. 9.
The Haitian national will remain in ICE custody pending an upcoming hearing before a Department of Justice (DOJ) immigration judge.
Following the adjudication of his local rape and indecent assault and battery charges, ERO Boston will seek his removal from the U.S., ICE said in a statement.
“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.
“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,” Lyons said. “This remains central piece of our mission.”
In fiscal year 2023 (FY23), ERO arrested 73,822 noncitizens with a criminal history, including more than 33,000 charges or convictions for assault, 7,520 for weapons offenses, 1,712 for homicide-related offenses, and 1,615 for kidnapping.
Those noncitizens with a criminal history arrested by ICE during FY23 had an average of four charges and convictions per individual.