ASTORIA, Ore. — Immigration officials say an Oregon man charged with rape had twice been deported.
Seaside police arrested 24-year-old Anastacio Eugenio Lopez-Fabian in February after investigators determined he had sex several times with a girl younger than 14. In addition to rape, he’s charged with assault and harassment.
Lopez-Fabian posted bail and was released. But U.S. Immigration and Customs Enforcement later detained him on March 7 in a courthouse parking lot as he arrived for a hearing.
He is now at a detention center in Tacoma, Washington.
Immigration and Customs Enforcement (ICE) spokeswoman Carissa Cutrell says Lopez-Fabian was deported to Guatemala in 2013 and 2014.
The federal agency criticized Clatsop County last year for not detaining undocumented immigrants.
Sheriff Tom Bergin says: “He posted bail, so there’s not much we can do unless ICE notifies us, which it didn’t.”
Bergin says he’s instructed his agency to cooperate with ICE.
“My office knows to cooperate with ICE,” Bergin told KATU. “But, ICE also has a blanket statement that they have been putting out saying that this agency didn’t do this or failed to do that. We will continue to cooperate with ICE, within the confines of the law.”
Bergin pointed KATU to a 2014 Clackamas County lawsuit, in which, a federal judge later ruled that the County violated an inmate’s Fourth Amendment right.
Maria Miranda-Oliveres was arrested and put in jail on March 14, 2012 on a domestic violence charge. Clackamas County policy requires the sheriff’s office to notify ICE whenever a foreign-born person is booked into the jail.
The next day, ICE sent a form requesting that county officials detain Miranda-Olivares for up to 48 hours, because the agency was investigating her immigration status. The form did not say she was charged with any crime or would be arrested.
The inmate’s sister tried several times to post the $500 of her $5,000 bail that would release her from jail, but was told that she would not be released either way, because of the ICE request.
U.S. District Court Judge Janice M. Stewart later ruled that county officials misinterpreted the request to detain Miranda-Olivares by ICE as mandatory, and because the request was only administrative and not a judicial warrant, the County violated her constitutional rights.
According to court documents, she remained in jail 19 hours after her case was settled.
“We’re not going to open up the [Clatsop] County to a one or two million dollar lawsuit,” Bergin said of the risk of detaining an inmate at the request of ICE without a judicial warrant. “That is not fair for our taxpayers.”
Bergin says if ICE presented a warrant signed by a judge, the County would comply.
“If they would change their procedure and do things judicially, instead of administrative, then we would be able to help them immensely,” Bergin said.
Clatsop County District Attorney Josh Marquis told ICE he wants to take Lopez-Fabian to court because the charges he’s accused of are serious Measure 11 offenses.
Lopez-Fabian is scheduled to make an appearance in the Clatsop County case next month. Marquis says he the County will coordinate with ICE to get him there.
KATU News reached out to ICE officials, who released the following statement Monday afternoon:
“Anastacio Eugenio Lopez-Fabian is a citizen of Guatemala illegally in the U.S. ICE deportation officers removed him to his home country on two prior occasions, once in April 2013 and another time in January 2014.
On Feb. 16, 2018, Lopez-Fabian was arrested for felony rape, among other charges, and booked and released from the Clatsop County Jail without the jail notifying ICE. Hours after his release, ICE deportation officers received information from federal databases about his prior immigration history and his most recent arrest. From there, they conducted an online review of jail and court records and determined that Lopez-Fabian did not have lawful status in the country, and subsequently, targeted him for immigration enforcement. They arrested Lopez-Fabian March 7 on immigration violations prior to his scheduled court appearance on the pending rape charges.