A teenage girl was allegedly raped in a small resort city in northwestern Oregon by a man who was in the United States illegally and had been deported twice before, the Daily Astorian reported.
Guatemalan national Anastacio Eugenio Lopez Fabian, 24, was arrested on Feb. 14 by Seaside police for allegedly assaulting the young girl. Besides the assault, Fabian allegedly had sex with the victim several times beginning in 2016 when she was under 14-years-old, according to law enforcement.
Fabian has been charged with two counts of second-degree rape, three counts of third-degree rape, fourth-degree assault and harassment. He was released on $25,000 bail the same day.
According to U.S. Immigration and Customs Enforcement officers, local law enforcement did not notify them about Fabian’s arrest.
Instead, ICE learned of his bail release and later detained him on March 7 in the Clatsop County Circuit Courthouse parking lot when he arrived for a scheduled hearing. Fabian is now in custody at the Northwest Detention Center in Tacoma, Washington.
OR: Suspect deported twice before alleged rape of underage Seaside girl – Anastacio Eugenio Lopez Fabian, 24, of Guatemala was arrested by police in February, released on bail the same day; ICE detained him at the courthouse. https://t.co/NCYAAzlGkF#BuildTheWall #NoSanctuary pic.twitter.com/WgJTYyrsDM
— aintnobarbie 🚫🐂💩 (@aintnobarbie) March 26, 2018
ICE spokeswoman Carissa Cutrell said Fabian had been deported to Guatemala in 2013 and 2014 and criticized the Clatsop County Sheriff’s Office for failing to alert immigration deportation officers of his arrest.
“Hours after his release, ICE deportation officers received information from federal databases about his prior immigration history and his most recent arrest. From there, they conducted an online review of jail and court records and determined that Lopez-Fabian did not have lawful status in the country, and subsequently, targeted him for immigration enforcement,” Cutrell said in a statement.
“ICE focuses its enforcement resources on individuals who pose a threat to national security, public safety and border security.”
Clatsop Sheriff Tom Bergin claimed there was nothing the sheriff’s department could have done differently. “He posted bail, so there’s not much we can do unless ICE notifies us, which it didn’t,” he said.
The Daily Astorian reported that a federal court ruling in 2014 has “made sheriff’s offices hesitant to detain people based on immigration status.”
“Under a federal program called Secure Communities, ICE could request that police keep inmates even when they had been cleared for release on bail. The delay was intended to allow ICE agents time to retrieve inmates for possible deportation,” explained a 2015 Oregon Live report.
But in 2014, U.S. Magistrate Judge Janice M. Stewart ruled that doing so was illegal and unconstitutional.
Meanwhile, “U.S. Rep. Suzanne Bonamici, D-Oregon — have proposed legislation that would deter immigration arrests at courthouses, schools and health clinics,” the Daily Astorian reported.
A self-proclaimed “sanctuary state,” Oregon Gov. Kate Brown has said Oregon “will not be bullied” into implementing the Trump administration’s immigration policies.
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