PROVIDENCE, R.I. (WPRI) — A Guatemalan man who U.S. Immigration and Customs Enforcement (ICE) believes is in the country illegally was arrested on child molestation and domestic assault charges last month.

The 22-year-old man, who’s not been identified, was taken into custody by ICE agents in Providence on April 10.

The man first attempted to enter the country illegally in November 2018 in Arizona, according to ICE. He was served an immigration notice and remained in ICE custody until he was released in January 2019.

Then, in November 2022, Providence police issued a warrant for the man’s arrest for first-degree child molestation and sexual assault. He wasn’t apprehended until February 2024, when ICE said officers nabbed him on domestic assault charges and the outstanding warrant.

ICE’s Enforcement and Removal Operations (ERO) issued a detainer for the man while he was in custody at the ACI.

Despite the detainer, ICE claims a judge released the man in April. He was then arrested by ICE agents later that day on the detainer.

The man will remain in ICE custody pending a future hearing before an immigration judge.

“This unlawfully present individual was arrested locally on first degree child molestation charges and was released back into the community despite an immigration detainer,” ERO Boston Director Todd Lyons said. “We believe it is in the interest of the community that jurisdictions honor our immigration detainers so that ICE can take direct custody of individuals like this who pose a threat to residents.”

“ERO Boston hopes to cooperate with our local partners in Rhode Island to help make safer neighborhoods for everyone in the state and throughout New England,” he continued.

This comes as Rhode Island’s ICE cooperation policy faces scrutiny. ICE agents arrested another Guatemalan man on child molestation charges in March for unlawfully entering the country without being inspected. The man was released on bail despite being wanted by immigration authorities, and ICE has since criticized the state’s policy on detainers.

ICE agents also recently took a Honduran homicide suspect into custody in Warwick upon learning he had been charged with felony assault and released on bail, as well as a Nigerian man convicted of indecent solicitation of a child .

Gov. Dan McKee’s office has repeatedly emphasized that the state is complying with a 2014 federal court ruling by Rhode Island U.S. District Judge John McConnell. That decision determined the state can’t hold someone in custody based upon an ICE detainer alone.

12 News has reached out to R.I. Attorney Peter Neronha, who’s been critical of the state’s immigration detainer policies , and is waiting to hear back.

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