NYC Releases Illegal Immigrant Accused of Child Sex Crimes Despite ICE Detainer

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NEW YORK – A 40-year-old illegally present Ecuadorian national was arrested by U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) officers March 6. ERO had previously lodged an immigration detainer with the New York City Department of Corrections (NYCDOC) following his arrest for sexual offenses in Queens.

Edgar Vinicio Guzman-Borja was arrested by the New York City Police Department (NYPD) Feb. 2, on the charges of sexual abuse 1st degree: contact with victim less than 13 and act in manner to injure child less than 17. Officers assigned to ERO New York’s Criminal Alien Program lodged a detainer with the NYCDOC. As a result of New York City’s sanctuary policies, Guzman-Borja was subsequently arraigned and released from the custody of the NYCDOC without the detainer being honored.

ERO officers arrested Guzman-Borja in Queens, New York March 6. He is currently detained in ICE custody pending removal proceedings before a federal immigration judge.

“This individual has pending charges of sexual abuse of a child, yet per sanctuary city policies, he was released back into the community and given an opportunity to possibly reoffend, instead of being turned over to ICE,” said Thomas R. Decker, field office director for ERO New York. “Despite the lack of cooperation from the city and their resolve to release criminal aliens, even those charged with sexual offenses against children back onto city streets, ICE continues to enforce the laws on this nation as imposed by Congress with professionalism and integrity. Hopefully, for the safety of the residents, especially the children, the city will start to honor our detainers and stop protecting the criminals.”
ICE removed or returned 267,000 aliens in fiscal year 2019. ERO arrested 143,000 aliens, more than 86 percent of whom had criminal convictions or pending criminal charges.

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