Skip to main content
April 3, 2024Boston, MA, United StatesEnforcement and Removal

ERO Boston apprehends Colombian national arrested for sex crimes against a Massachusetts minor

Local jurisdiction failed to honor immigration detainer and released the noncitizen despite rape charge against a minor

BOSTON - Enforcement and Removal Operations (ERO) Boston arrested a Colombian national who was charged locally with the rape and indecent assault and battery of a minor over the age of 14. ERO Boston deportation officers apprehended the alleged Colombian sex offender March 28 near his residence in Lynn, Massachusetts.

“This unlawfully present Colombian national stands accused of a horrific crime,” said ERO Boston Field Office Director Todd M. Lyons. “There are few crimes more disturbing than the sexual assault of a child, and no person more disturbing than one who would prey upon the most innocent members of our communities. ERO Boston will continue to prioritize public safety by working tenaciously to arrest and remove unlawfully present child sex predators from our New England neighborhoods.”

The United States Border Patrol (USBP) in Eagle Pass, Texas, arrested the Colombian national on July 3, 2022, shortly after he unlawfully entered the United States. The USBP issued the noncitizen a notice to appear before a Department of Justice (DOJ) immigration judge and ERO enrolled the noncitizen into the Alternatives to Detention program.

Authorities in Lynn arrested the Colombian noncitizen in January. The Lynn District Court arraigned the Colombian national on Jan. 29 for rape and indecent assault and battery of a minor over 14.

Later that day, ERO Boston lodged an immigration detainer against the Colombian national with the Lynn District Court. However, the Essex County Sheriff’s Department failed to honor the immigration detainer and released the Colombian noncitizen from state custody, despite the pending sex charges against a minor.

ERO Boston deportation officers apprehended the alleged Colombian sex offender on March 28 near his residence. They took him into custody and served him with a superseding notice to appear before a DOJ immigration judge and a warrant for his arrest. The Colombian national will remain in ICE custody pending removal proceedings.

As part of its mission to identify and arrest removable noncitizens, U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) lodges immigration detainers against noncitizens who have been arrested for criminal activity and taken into custody by state or local law enforcement. An immigration detainer is a request from ICE to state or local law enforcement agencies to notify ICE as early as possible before a removable noncitizen is released from their custody. Detainers request that state or local law enforcement agencies maintain custody of the noncitizen for a period not to exceed 48 hours beyond the time the individual would otherwise be released, allowing ERO to assume custody for removal purposes in accordance with federal law.

Detainers are a critical public safety tool because they focus enforcement resources on removable noncitizens who have been arrested for criminal activity. Detainers increase the safety of all parties involved – ERO personnel, law enforcement officials, the removable noncitizens, and the public – by allowing an arrest to be made in a secure and controlled custodial setting as opposed to at-large within the community. Since detainers result in the direct transfer of a noncitizen from state or local custody to ERO custody, they also minimize the potential that an individual will reoffend. Additionally, detainers conserve scarce government resources by allowing ERO to take criminal noncitizens into custody directly rather than expending resources locating these individuals at-large.

ERO conducts removals of individuals without a lawful basis to remain in the United States, including at the order of immigration judges with DOJ’s Executive Office for Immigration Review (EOIR). EOIR is a separate entity from DHS and ICE. Immigration judges in these courts make decisions based on the merits of each individual case, determining if a noncitizen is subject to a final order of removal or eligible for certain forms of relief from removal.

As one of U.S. Immigration and Customs Enforcement’s (ICE) three operational directorates, Enforcement and Removal Operations (ERO) is the principal federal law enforcement authority in charge of domestic immigration enforcement. ERO’s mission is to protect the homeland through the arrest and removal of those who undermine the safety of U.S. communities and the integrity of U.S. immigration laws, and its primary areas of focus are interior enforcement operations, management of the agency’s detained and non-detained populations, and repatriation of noncitizens who have received final orders of removal. ERO’s workforce consists of more than 7,700 law enforcement and non-law enforcement support personnel across 25 domestic field offices and 208 locations nationwide, 30 overseas postings, and multiple temporary duty travel assignments along the border.

Members of the public with information regarding child sex offenders are encouraged to report crimes or suspicious activity by dialing the ICE Tip Line at 866-DHS-2-ICE (866-347-2423) or completing the online tip form.

Learn more about ERO Boston’s mission to increase public safety in our New England communities on X, formerly known as Twitter, @EROBoston.