A Guatemalan illegal immigrant accused of rape and several other criminal offenses in Massachusetts has been taken into federal custody by U.S. Immigration and Customs Enforcement (ICE) following his release from state custody, according to federal officials.

The arrest marks the beginning of the federal immigration enforcement process, which includes the issuance of a Notice to Appear before an immigration judge and the initiation of removal proceedings.

ICE's Enforcement and Removal Operations (ERO) officers in Boston arrested 23-year-old Rocael Ordonez-Cruz on July 21 at the Middlesex County House of Correction in Billerica, Massachusetts.

Criminal Charges Filed on Illegal Immigrant in Massachusetts

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According to ICE, Ordonez-Cruz was arrested by the Arlington Police Department on June 25.

Local authorities charged him with:

• Rape
• Assault with intent to rape
• Indecent assault and battery on a person age 14 or older
• Indecent exposure

The criminal charges remain allegations, and guilt or innocence will be determined through the judicial process.

Federal immigration officials also stated that Ordonez-Cruz entered the United States illegally at an unknown time and location without being inspected, admitted, or paroled by a U.S. immigration official.

ICE Takes Custody After State Releases Illegal Immigrant

After Ordonez-Cruz was released from state custody, ICE officers immediately took him into federal custody.

According to the agency, officers served him with a Notice to Appear (NTA), which is the formal charging document used in immigration proceedings.

The Notice to Appear begins the civil immigration process by requiring the individual to appear before a Justice Department immigration judge. During those proceedings, the immigration court determines whether the individual is removable under U.S. immigration law and whether any legal relief from removal may apply.

ICE said Ordonez-Cruz will remain in federal custody while his immigration case moves through the court system.

ICE Describes Illegal Immigrant Enforcement Process

ICE's Enforcement and Removal Operations division is responsible for identifying, arresting, detaining and removing non-citizens who are alleged to have violated U.S. immigration laws.

In cases such as this, ICE officers may assume custody after a local or state criminal case reaches a point where the individual is released from local detention. Once in federal custody, officers can initiate removal proceedings by issuing a Notice to Appear.

The immigration case then proceeds separately from any criminal prosecution in state court. An immigration judge ultimately decides whether the individual should be removed from the United States or qualifies for any available legal protections under immigration law.

Federal Officials Cite Public Safety Concerns

Acting Enforcement and Removal Operations Boston Field Office Director David Wesling said the arrest reflects the agency's commitment to public safety.

In a statement, Wesling alleged that Ordonez-Cruz not only entered the United States unlawfully but also posed a danger to local communities because of the criminal allegations against him.

ICE stated that it intends to keep Ordonez-Cruz in custody pending the outcome of his immigration proceedings.

Fox News Digital reported that it contacted ICE for additional clarification regarding the circumstances surrounding the arrest but did not immediately receive further comment.

More Information

• U.S. Immigration and Customs Enforcement (ICE): https://www.ice.gov
• ICE Enforcement and Removal Operations: https://www.ice.gov/about-ice/ero
• Executive Office for Immigration Review (EOIR): https://www.justice.gov/eoir
• U.S. Department of Homeland Security: https://www.dhs.gov