Massachusetts: ICE Arrests Brazilian Illegal Alien After He’s Charged With 5 Counts Of Child Rape

OAN Staff Brooke Mallory
11:51 AM – Thursday, September 5, 2024

ICE’s Enforcement and Removal Operations (ERO) in Boston announced this week that a “24-year-old Brazilian national who was in the country illegally” was arrested in Boston and charged with five counts of raping a Massachusetts child.

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Warley Neto, 24, was taken into custody by ERO Boston officers on August 23^rd at the Dukes County Superior Court in Edgartown.

“Warley Neto allegedly repeatedly assaulted a Massachusetts child and represents a significant threat to the safety of our neighborhoods,” stated ERO Boston Field Office Director Todd M. Lyons. “We are grateful for the cooperation of the Dukes County Sheriff’s Office for prioritizing public safety and allowing Neto’s safe transfer of custody to ERO. Too often local jurisdictions refuse to honor immigration detainers and release dangerous offenders back into the community to reoffend. ERO Boston will continue to apprehend and remove the most egregious noncitizen offenders from New England.”

Neto entered the country illegally by crossing over near Paso Del Norte, Texas. On March 13^th, U.S. Customs and Border Patrol (USBP) freed Neto from detention after serving him with a notice to appear before an immigration judge at the Department of Justice (DOJ).

On February 18^th, 2023, ERO filed an immigration detainer against Neto at the Dukes County Jail and House of Correction. Neto was taken into custody by the Edgartown Police Department on charges of assault and battery on a family member, threatening to conduct a felony, and strangulation or suffocation.

On June 8^th, 2023, the Edgartown District Court found Neto guilty of the suspected crimes. Neto was given a 364-day prison sentence by the Edgartown District Court, although all but 90 days of that term were suspended.

After Neto was arrested by the Tisbury Police Department on January 12^th for a warrant pertaining to five counts of child rape and five counts of enticing a minor under the age of sixteen, ERO Boston lodged an immigration detainer against Neto. The Dukes County Superior Court was given jurisdiction over these offenses.

Neto was officially charged on January 16^th by the Dukes County Superior Court.

ERO Boston then lodged another immigration detainer against Neto on August 22^nd, with the Dukes County Jail, the House of Correction, and the Dukes County Superior Court.

Officers from ERO Boston arrested Neto again the next day, on August 23^rd, at the Dukes County Superior Court after the Dukes County Sheriff’s Office honored ERO’s immigration detainer and transferred custody of Neto to ERO Boston.

ERO files immigration detainers against illegal aliens, whom are now being referred to as “noncitizens” in order to not offend them, when they have been detained by state or local law enforcement after being arrested for criminal offenses as part of its objective to locate and apprehend removable noncitizens. When a removable illegal is released from the custody of state or local law enforcement agencies, U.S. Immigration and Customs Enforcement requests that the agencies contact ICE as soon as possible. This is known as an immigration detainer. In order to permit ERO to take custody of the noncitizen for removal reasons in compliance with federal law, detainers ask state or local law enforcement authorities to hold onto the person for a maximum of 48 hours after the person would otherwise be released.

“Detainers are critical public safety tools because they focus enforcement resources on removable noncitizens who have been arrested for criminal activity. Detainers increase the safety of all parties involved — ERO personnel, law enforcement officials, removable noncitizens and the public — by allowing an arrest to be made in a secure and controlled custodial setting as opposed to at-large within the community. Because detainers result in the direct transfer of a noncitizen from state or local custody to ERO custody, they also minimize the potential that an individual will reoffend. Additionally, detainers conserve scarce government resources by allowing ERO to take criminal noncitizens into custody directly rather than expending resources locating these individuals at-large,” ICE reported.

ERO, the Executive Office for Immigration Review of the Department of Justice, carries out the removal of those who do not have a legal right to be in the country, including on the direction of immigration judges. The Department of Homeland Security and U.S. Immigration and Customs Enforcement are not the same organization as the Executive Office for Immigration Review. Immigration judges in these courts decide whether a noncitizen is subject to a final order of removal or is eligible for specific types of relief from removal based on the merits of each individual case.

The public can report crimes or suspicious activities by filling out an online tip form or by calling the ICE Tip Line at 866-DHS-2-ICE (866-347-2423) if they have information about illegal alien criminals.