Haitian illegal immigrant charged with rape released back onto streets in Boston despite ICE appeals

'Sanctuary' policies forbid or limit cooperation with ICE

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A Haitian illegal immigrant charged with raping a developmentally disabled person was released back into the community in Boston, as authorities ignored an Immigration and Customs Enforcement (ICE) request to transfer them into its custody.

"Disturbingly and despite our filing an immigration detainer, this individual was released back into the community by the criminal court," ICE said in a statement.

In a press release, ICE said that the illegal immigrant arrived at the border at a port of entry in Brownsville, Texas, in December 2022 and was released with a notice to appear. ICE sources identified the man as Pierre Lucard Emile.

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In September, he was arrested for rape and indecent assault and battery on a developmentally disabled person. ICE immediately lodged a detainer, a request that an illegal immigrant be held so that ICE can take them into custody and begin deportation proceedings.

haitian illegal immigrant charged with rape released back onto streets in boston despite ice appeals

This undated image shows Pierre Lucard Emile, charged with rape of a developmentally disabled person. (Fox News)

However, "sanctuary" jurisdictions like Boston do not typically honor ICE detainer requests and forbid or limit cooperation with federal immigration officials. Consequently, ICE’s detainer was ignored, and he was released with an electric monitoring tag in November.

ICE went on to arrest him this month on January 9. The agency now says that after the adjudication of his criminal charges, its Enforcement and Removal Operations will seek his deportation.

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"The men and women of ERO Boston continue to protect the community from those who pose a real public safety threat to our communities," ERO Boston Field Office Director Todd Lyons said in the statement. "We remain strongly committed to protecting residents in communities by apprehending those who are not lawfully present in this country and pose a threat to public safety. This remains central piece of our mission."

The case is the latest illegal immigrant with either a criminal record or pending charges to be released back onto the streets due to sanctuary policies. Fox reported in November how an illegal Honduran alien charged with rape, kidnapping and assault was released back onto the streets in Virginia despite an ICE detainer.

ICE agents immigration

June 2, 2022: ICE agents conduct an enforcement operation in the U.S. interior. (Immigration and Customs Enforcement)

The illegal immigrant had entered the U.S. and was arrested by Border Patrol in Texas in June 2021 and released into the country with a Notice to Appear.

There were over 302,000 migrant encounters in December, and DHS Secretary Alejandro Mayorkas has said that over 85% of migrants are being released. However, authorities have repeatedly stressed that there is a multi-layered vetting process in place for those encountered at the border.

Adam Shaw is a politics reporter for Fox News Digital, primarily covering immigration and border security.

He can be reached at This email address is being protected from spambots. You need JavaScript enabled to view it. or on Twitter.

Authored by Adam Shaw,Bill Melugin via FoxNews January 18th 2024