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.
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.