A Haitian migrant accused of raping a 15-year-old girl in a Massachusetts hotel has been released on bail despite ICE's pleas to hand him over to the agency.
A Haitian migrant charged with the rape of a 15-year-old girl at a Massachusetts hotel was released on $500 bail last week despite ongoing requests by Immigration and Customs Enforcement (ICE) to transfer him to its custody.
Cory Alvarez, a 26-year-old Haitian national who was allowed into the U.S. via a controversial parole program that allows up to 30,000 migrants to fly in each month, was charged with aggravated rape of a child in March.
ICE said in a statement that Boston’s branch of Enforcement and Removal Operations (ERO) filed a detainer against Alvarez with the local sheriff's office March 14. A detainer is a request by which authorities alert ICE about an individual they believe to be subject to deportation so they can take the individual into federal custody and deport that person.
In this case, as in many "sanctuary" jurisdictions, the detainer was not adhered to, and Alvarez was released on bail.
"On June 27, Plymouth Superior Court refused to honor ERO Boston’s immigration detainer and released Alvarez from custody on a $500 bond," ICE Boston ERO spokesperson James Covington said.
The Boston Globe reported that prosecutors had asked bail to be set at $25,000, but the judge set bail at $500 on the condition he submit to various stipulations, including home confinement and other forms of monitoring.
Brian A. Kelley, Alvarez’s attorney, told Fox News Digital Alvarez was released after a three-part hearing that looked at medical records, surveillance and testimony.
"No injuries were found on the alleged victim. The video surveillance depicts her going into the room and coming out eight minutes later, her clothing undisturbed and walking by two members of the National Guard without comment," Kelley said, confirming that Alvarez was released on bail.
He also said Alvarez’s bail condition included home confinement and the surrender of his passport, with which he complied. He also pointed to a Massachusetts court ruling that found no authority to hold an individual solely on the basis of an ICE detainer.
"I’m hopeful that all Karen Read supporters now find a new cause; supporting the innocence of Cory Alvarez," Kelley added.
Alvarez arrived in June under the parole process for Cubans, Haitians, Nicaraguans and Venezeualans (CHNV). The policy was first announced for Venezuelans in October 2022, which allowed a limited number to fly directly into the U.S. as long as they had not entered illegally, had a sponsor in the U.S. already and passed certain checks.
In January 2023, the administration announced the program was expanding to include Haitians, Nicaraguans and Cubans and that the program would allow up to 30,000 people per month into the U.S. It allows for migrants to receive work permits and a two-year authorization to live in the U.S. and was announced alongside an expansion of Title 42 expulsions to include those nationalities.
The Department of Homeland Security has said the process, which it describes as a "safe and orderly way to reach the United States" is a "key element" of the administration’s efforts to address high levels of migration throughout the hemisphere. Republicans have accused the administration of abusing the parole process with the program.
According to official data, the Biden administration has brought over 138,000 Haitians into the U.S. via the CHNV parole program since January 2023.
