Immigration
Illegal Migrant Rapes Girl After Released on Bail Without Alerting Authorities in MA
On August 1, 2024, officers from Enforcement and Removal Operations (ERO) Boston apprehended Jorge Luis Castro-Alvarado, a 28-year-old Guatemalan national, in Lynn, Massachusetts. Castro-Alvarado, who was unlawfully present in the United States, is charged with raping a Massachusetts resident.
According to ERO Boston, Castro-Alvarado entered the U.S. illegally at an unknown time and location, bypassing inspection, admission, or parole by immigration authorities. He later made his way to Massachusetts, where he allegedly committed multiple crimes.
“Jorge Luis Castro-Alvarado unlawfully entered the United States before making his way to Massachusetts and allegedly victimizing a resident here,” said Todd M. Lyons, Field Office Director for ERO Boston. “Castro posed a significant threat to the members of our community. ERO Boston will continue to prioritize public safety by apprehending and removing noncitizen threats to our New England neighborhoods.”
As one of ICE’s three operational directorates, ERO is responsible for domestic immigration enforcement, managing detained and non-detained populations, and repatriating noncitizens ordered for removal. The ERO workforce, which includes over 7,700 personnel, operates across 25 domestic field offices and numerous international locations.
Castro-Alvarado’s criminal record includes an arrest for assault and battery of a family or household member. Initially, he was sentenced to 18 months in prison, with the sentence later reduced to six months. Despite an immigration detainer issued by ERO Boston following his arrest, Castro-Alvarado was released on bail without notification to immigration authorities. The Lynn District Court convicted him of assault and battery, but he faced additional charges of rape and indecent assault and battery on a person over 14 in Essex County Superior Court. Despite the seriousness of the charges, he was released on bail with conditions, including GPS monitoring.
The case has raised concerns about public safety and the enforcement of immigration laws. Immigration detainers, which are requests from U.S. Immigration and Customs Enforcement (ICE) to state or local law enforcement agencies, allow ICE to assume custody of noncitizens for removal purposes. These detainers are seen as critical tools for public safety, ensuring that individuals who pose a threat are not released into the community.
In response to Castro-Alvarado’s release, ERO Boston officers acted swiftly to arrest him and ensure that he faces removal proceedings. Castro-Alvarado has been served with a notice to appear before a Department of Justice immigration judge.
In a released statement, ICE stated ERO Boston remains committed to its mission of identifying and arresting noncitizens who pose a threat to public safety. The agency encourages the public to report crimes or suspicious activity through the ICE Tip Line at 866-DHS-2-ICE (866-347-2423) or via the online tip form.
In a unanimous decision, a three-judge panel of the Ninth Circuit Court of Appeals upheld the federal government’s authority to deport foreign nationals in the U.S. illegally. The decision came after objections from local jurisdictions, and therefore reaffirms federal immigration enforcement capabilities, and deals a blow to sanctuary policies aimed at obstructing deportations.
The case centered on a 2019 executive order issued by King County Executive Dow Constantine, which barred the use of King County International Airport, near Seattle, for U.S. Immigration and Customs Enforcement (ICE) deportation charter flights. The airport is adjacent to a major ICE operational base in Seattle, writes The Center Square.
Constantine’s order sought to prevent airport services from supporting ICE deportation flights, citing concerns about family separations, racial disparities in enforcement, and other human rights issues. The federal government, under the Trump administration, sued, arguing that the order violated the Supremacy Clause of the Constitution, the intergovernmental immunity doctrine, and a WWII-era Instrument of Transfer agreement allowing federal use of the airport.
A district court ruled in favor of the federal government, and King County appealed. Writing for the Ninth Circuit, Judge Daniel Bress, joined by Judges Michael Hawkins and Richard Clinton, affirmed the lower court’s decision.
The panel ruled that Constantine’s order improperly targeted the federal government and its contractors, violating the intergovernmental immunity doctrine by “singling out the federal government and its contractors for unfavorable treatment.” The court further found that the order increased ICE’s operational costs and created imminent risks of further injury, thereby giving the federal government standing to sue.
Additionally, the judges upheld the claim that the order violated the Instrument of Transfer under the Surplus Property Act of 1944, which explicitly allows federal use of the airport.
Constantine defended the order as consistent with King County’s commitment to inclusivity and human rights. He argued that deportations conflict with the region’s values, including protecting families and promoting equity. However, the Ninth Circuit held that such ideological arguments could not override federal law and constitutional principles.
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