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July 29, 2025Philadelphia, PA, United StatesEnforcement and Removal

ICE Philadelphia arrests criminal alien charged with sexually assaulting child after being released from custody

U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations Philadelphia, Homeland Security Investigations Philadelphia and IRS Philadelphia arrested Oscar Adalberto Penate, a 56-year-old citizen of El Salvador, in Pottstown July 27.

PHILADELPHIA — U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations Philadelphia, Homeland Security Investigations Philadelphia and IRS Philadelphia arrested Oscar Adalberto Penate, a 56-year-old citizen of El Salvador, in Pottstown July 27.

“If the elected officials in Montgomery County are not going to protect the citizens of the county, we will,” said ICE ERO Philadelphia Field Office Director Brian McShane. “An illegal alien who committed a crime by unlawfully entering the United States, who is then charged with heinous crimes like this, should never be released to prey on the citizens of Montgomery County. The sanctuary policies recently enacted by the Montgomery County Commissioners forced prison officials to release this individual to the streets rather than turn him over to ICE officials on the detainer filed against him. I am just glad we got him before he could harm another.”

Penate claims to have entered the United States in 1998 by crossing the border into Texas.

His criminal history includes an arrest by the Houston Police Department on Aug. 18, 2001, for resisting arrest, search or transport. He pleaded guilty to these charges Aug. 24, 2001.

More recently, on July 22, 2025, the Pottstown Township Police Department arrested Penate on multiple charges, including involuntary deviate sexual intercourse with a person less than 16 years of age, involuntary deviate sexual intercourse with a child, two counts of indecent assault of a person less than 13 years of age, two counts of corruption of minors by a defendant age 18 or above, and two counts of indecent assault without consent of the other party. These charges are currently pending.

Despite an active ICE detainer, the Montgomery County Correctional Facility released Penate due to the county’s sanctuary policies.

Penate will remain in ICE custody pending removal proceedings.

Members of the public with information can 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 ICE Philadelphia’s mission to increase public safety in our Pennsylvania, Delaware and West Virginia communities on X at @EROPhiladelphia.

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