ICE rearrests MS-13 gang member released by Montgomery County officials

ICE challenges Montgomery County officials over release of MS-13 gang member

An MS-13 gang member who was back on the streets, despite being convicted of accessory to murder charges, has been rearrested by Immigration and Customs Enforcement (ICE). FOX 5's Jacqueline Matter has the story.

An MS-13 gang member who was back on the streets, despite being convicted of accessory to murder charges, has been rearrested by Immigration and Customs Enforcement (ICE).

The arrest comes after the undocumented gang member had spent months behind bars.

He was released from jail even though ICE requested to take him into custody, so he could be deported.

A judge sentenced the 30-year-old to five years behind bars with the court suspending all but 18 months of his sentence.

When it came time to release him, he was freed despite an ICE detainer.

"We lodged a detainer with the Montgomery County Detention Center," said Darius Reeves, ERO Baltimore acting field office director. "They actually called us and said they were not going to honor the detainer and advised us that they were releasing him."

According to ICE, the gang member was here from El Salvador and crossed the border in 2006 near Falfurrias, Texas as an unaccompanied minor.

He was later reunited with his uncle in Washington, D.C.

An immigration judge ordered him to be deported in 2007, but that never happened.

Instead, he got involved with MS-13 in the DMV.

"They’re involved in everything," Reeves said.

"Any and everything –assaults, robberies, murder," he added. "Clearly, in this case, it’s a huge number, and it's just not Montgomery County. I mean they're showing up in every county and in the state of Maryland."

ICE claims the reason this individual was released is that it falls in line with sanctuary policies in jurisdictions like Montgomery County.

"Criminal enterprises are talking among themselves," Reeves explained. "They understand that and are saying, ‘Hey, we can operate in these areas because ICE can't do anything to us.’"

But according to a release in 2021, Montgomery County is not a sanctuary jurisdiction and works with ICE for serious crimes.

A spokesperson for County Executive Marc Elrich’s Office told FOX 5 they were unaware of this incident and they had no ICE detainer on file.

"It’s frustrating to me," Reeves said. "You know, to be honest, it's the lack of communication for the most egregious offenders," Reeves said.

According to recent data from ICE, Maryland led the country in sex offender arrests involving non-citizens, with Montgomery and Prince George’s County making up nearly 50% of those numbers.

Maryland is also trending at number two in the country when it comes to gangs, behind Los Angeles.

"The numbers do not lie," Reeves said.

"The incidences are apparent. and where's ICE? Why is ICE not involved? Because the jurisdictions won't talk to us. They won't cooperate with us. So what's it going to take for folks to demand to be safe?"

ICE agents were able to find the gang member and rearrest him this week at his home in Silver Spring.

He is currently in custody and in the process of being taken back to El Salvador.

Read the full statement from the County Executive's Office below:

"We were unaware of this incident until ICE put out a press release about it. We had no ICE detainer on file in regard to this individual and followed all processes of his release according to the law. Had there been a detainer on file, we would have notified ICE prior to his release per our policy. We defer all follow-up questions about this individual and judicial process to ICE and the courts. We will be following up with them ourselves regarding this issue."