A Haitian migrant charged with the rape of a 15-year-old girl in Massachusetts was released on $500 bail last week despite ongoing requests by ICE to transfer him to its custody. Cory Alvarez, a 26-year-old Haitian national, entered the US via a parole program that allows up to 30,000 migrants to fly in each month. He was charged with aggravated rape of a child in March, and ICE filed a detainer against him with the local sheriff’s office on March 14, but the detainer was not adhered to and Alvarez was released on bail.

The Boston branch of ICE Enforcement and Removal Operations (ERO) attempted to take Alvarez into custody by filing a detainer, but the detainer was not honored, and Alvarez was released by the Plymouth Superior Court on $500 bail. Prosecutors had requested bail to be set at $25,000, citing that Alvarez should be held under stricter conditions, but the judge set bail at $500 on the condition of home confinement and other stipulations. Alvarez’s attorney, Brian A. Kelley, stated that no injuries were found on the alleged victim and provided evidence from video surveillance that did not show any signs of distress on the victim.

Kelley also mentioned that Alvarez complied with the bail conditions that included home confinement and surrendering his passport. He referenced a Massachusetts court ruling that found no authority to hold an individual solely on the basis of an ICE detainer. Alvarez arrived in the US in June under the parole process for Cubans, Haitians, Nicaraguans, and Venezuelans, allowing him to receive work permits and a two-year authorization to live in the US. The policy, which began with Venezuelans in October 2022 and expanded to include other nationalities in January 2023, has brought over 138,000 Haitians into the US since its inception.

The administration has defended the parole program as a safe and orderly way to reach the United States and address high levels of migration in the region. The program requires migrants to have a sponsor in the US, not enter illegally, and pass certain checks. Republicans have accused the administration of abusing the parole process with this program, with concerns raised about the vetting process for those entering the country. Kelley expressed hope that supporters of the victim would now focus on supporting Alvarez’s innocence, highlighting the need for a fair trial and justice in the case.

The case of Cory Alvarez highlights the challenges faced by law enforcement authorities as they navigate between enforcing immigration laws and respecting the legal rights of individuals involved in criminal cases. The controversy surrounding Alvarez’s release and the parole program for Haitians and other nationalities has fueled debates on immigration policies and border security under the current administration. It remains to be seen how the case will unfold in the legal system and what implications it may have on the parole program and future immigration policies in the US.

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