Despite a request from federal immigration officials to maintain his custody, a Haitian migrant who is accused of raping a 15-year-old at a Massachusetts shelter has been released on surety.
Cory Alvarez, who had been held without bail since his detention in March, was released on Tuesday upon posting a $500 bond, according to the Boston Herald. This decision was made subsequent to the Plymouth County Superior Court’s rejection of Immigration and Customs Enforcement (ICE)’s request to maintain Alvarez’s detention. Alvarez was released after a dangerousness hearing, according to a spokesperson for the Plymouth County District Attorney’s Office who verified the release to The Post on Friday.
“We requested that Alvarez be held on $10,000 cash bail with various conditions for his release,” according to the representative. “The judge set the bail at $500.” Alvarez, 26, was released with an ankle monitor; however, ICE officials are unable to monitor him as a result of Boston’s status as a sanctuary city. This status means that local authorities are not obligated to collaborate with federal immigration enforcement.
In addition, the court mandated that Alvarez surrender his passport, remain in home confinement, and attend probation twice a month, as indicated in legal documents obtained by the Globe. He is scheduled to return to court on August 13.
In March, the Plymouth County Sheriff’s Office was notified by federal immigration authorities that an immigration detainer had been issued against Alvarez. Plymouth Superior Court officials “refused to honor” the detainer, according to a spokesperson for ICE’s enforcement and removal operations division, who spoke with the Globe.
The Post’s request for comment was not responded to by the Plymouth County DA’s Office.
ICE sources expressed their dissatisfaction with Alvarez’s release. One source criticized the situation, describing it as “standard Democratic nonsense” that renders it “almost impossible to fulfill our responsibilities.” The source also stated that judges in states such as California, New York, Illinois, and Massachusetts are contributing to the issue by failing to address the underlying issues.
John Fabbricatore, a former director of the ICE field office, characterized Alvarez’s release as indicative of “a concerning trend of inadequate and failed vetting procedures.” He observed that the comprehensive examinations that are typically conducted are compromised by the expedited process of issuing visas or parole. According to Fabbricatore, the current administration’s strategy poses substantial safety hazards to American citizens, as reported by The Post.
“This issue is highlighted by the recent case of a Haitian national admitted under the Biden parole program accused of rape,” Fabbricatore reported. “Sanctuary city policies continue to protect foreign-born offenders instead of law-abiding citizens.”
As part of President Biden’s contentious parole program for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV), Alvarez entered the United States at JFK Airport in June 2023 without any known criminal history. Rep. Jim Jordan (R-Ohio) initiated an inquiry into the CHNV program subsequent to Alvarez’s indictment in March.
Alvarez’s entry documents indicated that he would be housed with a sponsor in Elizabeth, NJ. However, he was ultimately placed at the Comfort Inn in Rockland, Mass., which had been converted into a migrant shelter. He was apprehended at the shelter on March 13 in connection with the rape of a teenage female with a disability.
Investigators at South Shore Hospital were informed by the victim that “He raped me,” as reported by the Herald. “I asked him to stop, but he wouldn’t.”
Alvarez entered a plea of not guilty to one count of forcible rape of a child and aggravated rape of a child with a 10-year age difference.
According to Brian A. Kelley, Alvarez’s counsel, his client was released as a result of “inconsistencies in the evidence” and the victim’s account of the events, as reported by The Globe.
Gregory Pigeon, a Sergeant Detective with the Rockland Police Department, testified at a dangerousness hearing in March that the victim identified Alvarez as her attacker, as reported by the Globe.
Alvarez asserted that he was attempting to repair the girl’s iPad during an interview with authorities, and he permitted her to use his phone to communicate with her mother when he was unable to do so. He declared that the female exited his room without any type of incident.