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December 5, 2023Boston, MA, United StatesEnforcement and Removal

ERO Boston arrests previously removed Guatemalan citizen recently arraigned on statutory rape of a child charges

BOSTON — Enforcement and Removal Operations (ERO) Boston arrested a previously returned, unlawfully present Guatemalan national in Worcester on Nov. 29, following his recent apprehension and local arraignment on statutory rape of a child charges. The 35-year-old Guatemalan had previously been voluntarily returned to Guatemala after having unlawfully entered the United States in 2007.

“Once again, the ERO Boston team was able to successfully locate and apprehended an unlawfully present individual who faces very serious felony charges,” said ERO Boston Field Office Director Todd M. Lyons. “ERO Boston will continue to aggressively apprehend unlawfully present individuals who pose a threat to public safety. This arrest makes the residents of the community safer and more secure. ERO Boston continues to remain strongly committed to this part of our mission.”

The Guatemalan national unlawfully entered the United States and was detained by U.S. Border Patrol in July 2007. He was voluntarily returned as an expedited removal later that month. He later unlawfully reentered the United States on an unknown date at an unknown location without being inspected by an immigration official.

In October 2023, police in Worcester arrested him for aggravated statutory rape of a child and intimidation. He was arraigned on those charges in Worcester District Court Oct. 20, 2023. Following confirmation of his immigration status, ERO Boston lodged an immigration detainer seeking his custody with the Worcester District Court the same day.

Despite an active immigration detainer, the Worcester District Court released the Guatemalan national back into the community on his own recognizance after arraignment on the rape charges.

ERO Boston arrested the Guatemalan native without incident following his release. His charges remain pending with the local criminal court. He will remain in ICE custody pending an upcoming hearing before a Department of Justice (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 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.

In fiscal year 2022, ERO arrested 46,396 noncitizens with criminal histories. This group had 198,498 associated charges and convictions, including 21,531 assault offenses; 8,164 sex and sexual assault offenses; 5,554 weapons offenses; 1,501 homicide-related offenses; and 1,114 kidnapping offenses.

As one of U.S. Immigration and Customs Enforcement’s three operational directorates, 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 the 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 can report crime and suspicious activity by calling 866-347-2423 or completing the online tip form.