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Enforcement and Removal
01/31/2020

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ICE arrests Ecuadorian man accused of raping a minor during enforcement efforts in New York

NEW YORK – A 38-year-old illegally present Ecuadorian national charged with sexually assaulting a child younger than 11 years-old was arrested Jan. 29 by U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) after being released by local authorities without notice to U. S. immigration officials. Milton Geovany Barbecho Cabrera, who has multiple criminal convictions, was arrested by the New York Police Department (NYPD) May 30, 2019 and charged with rape, intercourse with a child less than 11 years-old, rape: intercourse with a person less than 15 years-old, rape, victim incapable of consent, sexual abuse, course sexual conduct: two or more acts on child less than 13 years old, and act in manner to injure a child, sexual abuse, contact with victim less than 13 years-old, sexual abuse, sexual contact with person less than 14 year-old, sexual abuse, subject another person to sex contact without consent, and forcible touching: touch sexual/intimate parts of another person.

ERO officers lodged a detainer on Barbecho with the NYPD May 31, 2019. Following arraignment, Barbecho was remanded to the custody of the New York City Department of Correction (NYCDOC). In July 2019, the detainer was not honored and Barbecho was released from NYCDOC custody.

“More than half of those arrested in the last week were released on an active detainer pursuant to dangerous sanctuary city laws. Time and time again these policies have proven to put politics above the safety of city residents,” said Thomas R. Decker, field office director for ERO New York. “Between the reckless sanctuary city laws and the irresponsible Bail Reform Act, the lives and safety of the people of New York are in peril. ICE ERO in New York continues to focus on criminal aliens, because the safety of the people in this city matters far more than popularity.”

In previous years, local law enforcement agencies honored ICE detainers lodged on illegal aliens with egregious criminal histories. Sanctuary cities, including New York City, prevent local law enforcement from honoring ICE detainers and criminals are released onto the street, presenting a potential public safety threat.

“Ultimately, efforts by local NYC politicians have shielded removable criminal aliens from immigration enforcement and created another magnet for more illegal immigration, all at the expense of the safety and security of the very people it purports to protect,” said FOD Decker.

Recent arrests include:

  • In the Bronx, a 26 year-old Mexican national, released from NYPD custody with an active detainer, who has pending charges for rape 3rd: victim less than 17 years old, forcible touching: touch intimate/sexual parts of another person, sexual abuse 3rd: subject another person to sex contact without consent and sexual misconduct: engage in oral/anal conduct without consent, and act in manner injure child less than 17 years old;
  • In Brooklyn, a 42 year-old Dominican national, released from NYPD custody with an active detainer, who has pending charges for robbery 3rd, strangulation 2nd, assault 3rd, aggravated harassment, attempted assault, and harassment;
  • In Astoria, a 29 year-old Algerian national, released from NYCDOC custody with an active detainer, who has convictions for sexual abuse 1st: contact by forcible touching, and for forcibly touching: touch sexual/intimate parts of another person;
  • In the Bronx, a 42 year-old Mexican national, released from NYCDOC custody with an active detainer, who has pending charges for rape 2nd, rape 3rd, sexual abuse 3rd, course sexual conduct: two or more acts on child less than 13-years old, and act in manner injure a child;
  • In the Bronx, a 21 year-old Jamaican national, released on four separate occasions from NYPD custody with an active detainer, who has pending charges for robbery 2nd, and attempted criminal possession weapon 4th: intent to use;
  • In Brooklyn, a 29 year-old St. Vincent national, released from NYPD custody with an active detainer, who has a conviction for criminal possession of a firearm: loaded firearm;
  • In Brooklyn, a 39 year-old French national, released from NYPD custody with an active detainer, who has pending charges for criminal sexual act 1st: victim less than 11 years old, sexual abuse 1st: sexual contact with person less than 11 years-old, sexual misconduct: engage in oral/anal conduct without consent, and act in manner injure a child less than 17-years old;
  • In Peekskill, a 30 year-old Honduran national, who was released from Westchester County custody with an active detainer due to that County’s immigrant Protection Act, who has a conviction for forcible touching;
  • In White Plains, a 41 year-old Ecuadorian national, who was released from Westchester County custody with an active detainer due to that County’s immigrant Protection Act, who has a pending charge for sexual abuse 1st: sexual contact with a child less than 11 years-old;
  • In the Bronx, a 38 year-old Mexican national, released from NYCDOC custody with an active detainer, who has convictions for felony invasion of privacy, and endangering the welfare of a minor;
  • In Flushing, a 52 year-old Colombian national, released from NYPD custody with an active detainer, who has a pending charge for rape 2nd, rape 3rd, sexual abuse 1st: person incapable of consent – physically helpless;
  • In Brooklyn, a 46 year-old Trinidadian national, released from NYPD custody with an active detainer, who has criminal convictions for robbery, attempted assault, and unauthorized use of a vehicle;
  • In Staten Island, a 40 year-old Spanish national, released from NYPD custody with an active detainer, who has pending charges for forcible touching: touch intimate/sexual parts of another person, sexual abuse 2nd: sexual contact with person less than 12 years old, sexual abuse 3rd: subject another person to sex contact without consent, and act in manner injure a child less than 17;
  • In the Bronx, a 24 year-old Mexican national and registered sexual offender, released from NYPD custody with an active detainer, who has a conviction for sexual abuse, for which a sentence of 10-years of probation supervision was imposed;
  • In Forest Hills, a 40 year-old Filipino national, and former military service member, who was dishonorably discharged after being convicted under the Uniform Code of Military Justice of the attempted sexual assault of a child, attempted abuse of a child, and attempted receipt of child pornography;
  • In the Bronx, a 32 year-old Dominican national, who has convictions for attempted robbery, criminal contempt 2nd; disobey court, criminal possession of stolen property, criminal trespass 2nd, false impersonation, fare evasion, petit larceny, possession of contraband in prison, and resisting arrest. He also has pending local charges of rape 3rd: victim did not consent, promoting prostitution 2nd: compel by force or profit, and criminal sex act 3rd: victim not capable of consent;
  • In Monroe, a 21 year-old Honduran national, who has a local pending charges for forcible touching;
  • In Westbury, a 63 year-old Salvadoran national, and registered sexual offender, who has a conviction for rape 3rd;
  • In Whitestone, a 50 year-old Chilean national, who has convictions for grand larceny, receiving stolen property, petit larceny, and disorderly conduct, for which a sentence of 5 years of probation supervision was imposed;
  • In Manhattan, a 32 year-old Dominican national, who has a conviction for robbery 2nd, for which a sentence of 42-months imprisonment was imposed;
  • In Brooklyn, a 42 year-old Jamaican national, who has a conviction for assault 2nd, for which a sentence of 2 years imprisonment was imposed;

Criminal histories of those recently arrested are as follows: Act in Manner Injure Child, Aggravated Harassment, Aggravated Unlicensed Operation of a Motor Vehicle, Assault, Attempted Assault, Attempted Robbery, Attempted Abuse of a Child, Attempted Receipt of Child Pornography, Attempted Sexual Assault of a Child, Burglary, Course Sexual Conduct, Criminal Contempt, Criminal Sex Act, Criminal Possession of a Controlled Substance, Criminal Possession of a Firearm, Criminal Possession of Marijuana, Criminal Possession of Stolen Property, Criminal Possession of a Weapon, Criminal Sexual Act, Criminal Trespass, Disorderly Conduct, DWI, Endangering the Welfare of a Child, Endangering the Welfare of a Minor, Fare Evasion, False Impersonation, Forcible Touching, Grand Larceny, Harassment, Illegal Reentry into the U.S. after Removal, Invasion of Privacy, Petit Larceny, Possession of Contraband in Prison, Public Lewdness, Promoting Prostitution, Public Lewdness, Rape, Resisting Arrest, Robbery, Sexual Abuse, Sexual Misconduct, Strangulation, Unauthorized Use of a Vehicle, and Unlawful imprisonment.

The arrestees include nationals from Algeria, Chile, China, Colombia, Dominican Republic, Ecuador, El Salvador, France, Guatemala, Guyana, Honduras, Hungary, Jamaica, Mexico, Nicaragua, Philippines, Poland, Spain, St. Vincent, Trinidad, Turkey, and Ukraine. ERO officers made arrests throughout New York City, the Hudson Valley, and on Long Island, specifically in the Bronx, Brooklyn, Manhattan, Queens, Staten Island, Nassau and Suffolk counties on Long Island, and the Hudson Valley counties of Orange, Putnam, Rockland, Sullivan, and Westchester.

ICE officers carry out targeted enforcement operations every day in locations around the country as part of the agency’s ongoing efforts to protect the nation, uphold public safety, and protect the integrity of our immigration laws and border controls. These operations involve existing, established Fugitive Operations Teams.

ICE focuses enforcement resources on individuals who pose a threat to national security, public safety and border security. However, ICE no longer exempts classes or categories of removable aliens from potential enforcement. All of those in violation of immigration laws may be subject to immigration arrest, detention and, if found removable by final order, removal from the United States.

Some of the individuals arrested during this operation will face federal criminal prosecutions for illegal entry and illegal reentry after removal. Depending on the alien’s criminal history, an alien who illegally reenters the United States, has committed a felony punishable by up to 20 years in federal prison. The arrestees who are not being federally prosecuted, are detained in ICE custody, and will be processed administratively for removal from the United States.

Any local jurisdiction thinking that refusing to cooperate with ICE will result in a decrease in local immigration enforcement is mistaken. Local jurisdictions that choose to not cooperate with ICE are likely to see an increase in ICE enforcement activity, as in jurisdictions that do not cooperate with ICE the agency has no choice but to conduct more at-large arrest operations. A consequence of ICE being forced to make more arrests on the streets is the agency is likely to encounter other unlawfully present foreign nationals that wouldn’t have been encountered had we been allowed to take custody of a criminal target within the confines of a local jail.

Despite the severe challenges that local policies have created for ICE, the agency remains committed to its public safety mission and will continue to seek out dangerous criminal aliens and other immigration violators. ICE seeks straightforward cooperation with all local law enforcement and elected officials.

Enforcement efforts by ERO officers for the week ending Jan. 29, in New York City, the Hudson Valley and Long Island, include 75 individuals arrested for violating U.S. immigration laws. Of those arrested, 45 had been previously released from local law enforcement custody with an active detainer. Eight of those arrested were previously removed from the United States and returned illegally. Several had prior felony convictions for serious or violent offenses, such as sexual crimes, weapons charges, and assault, or had past convictions for significant or multiple misdemeanors.

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Last Reviewed/Updated: 02/03/2020