The father of a high school rape suspect was arrested Friday after it was discovered he was in the United States unlawfully, according to a statement from US Immigration and Customs Enforcement.
Adolfo Sanchez-Reyes, a 43-year-old from Guatemala, is detained in Jessup, Maryland, and has been ordered to appear in immigration court, said Matthew Bourke, a spokesman for ICE.
He was arrested “after a review of his immigration history revealed he was unlawfully present in the United States,” Bourke told CNN.
Sanchez-Reyes is the father of Henry Sanchez-Milian — who ICE says is also an undocumented immigrant — the family’s attorney Andrew Jezic, said.
His 18-year-old son is accused of raping a schoolmate on March 16 along with another student in a Rockville High School bathroom. He and 17-year-old classmate Jose Montano are being charged as adults with first-degree rape and two counts each of committing a first-degree sexual offense, according to Montgomery County Police.
Montano’s attorney told CNN Tuesday that her client is undocumented and living in the the US under “special immigrant juveniles status,” which, according to ICE, exist for “abused, abandoned or neglected” children.
The attorney, Maria Mena, said Montano is from El Salvador, which is “not a safe place for young people.” ICE officials would not comment on Montano’s immigration status, citing his age.
Mena said she has evidence that shows the encounter “was consensual and that this was not a rape.” She said there are text messages between her client and the alleged victim.
“All of the indications of the language used is that it was consensual and planned,” Mena said of the encounter, adding that “compromising images” were supposedly sent by the alleged victim to Montano.
Jezic had told CNN earlier this month that Sanchez-Milian will plead not guilty because “this was a pre-planned, consensual and non-forcible encounter.” He said he believes his client will be acquitted in a jury trial and plans to claim asylum for Sanchez-Milian following the criminal proceedings.
Following Sanchez-Milian’s arrest, ICE issued an immigration detainer, an order to local law enforcement to hold a suspect for a pending immigration review.
The rape case caught the attention of the White House, coming at a time of heightened scrutiny of undocumented immigrants.