Posted on December 30, 2016

Mexican Man Charged with Rape Had 19 Deportations, Removals

Roxana Hegeman, AP, December 30, 2016

A Mexican man accused of raping a 13-year-old girl on a Greyhound bus that traveled through Kansas had been deported 10 times and voluntarily removed from the U.S. another nine times since 2003, records obtained by The Associated Press show.

Three U.S. Republican senators — including Kansas’ Jerry Moran and Pat Roberts — demanded this month that the Department of Homeland Security provide immigration records for 38-year-old Tomas Martinez-Maldonado, who is charged with a felony in the alleged Sept. 27 attack aboard a bus in Geary County. {snip}

Tomas Martinez-Maldonado

Tomas Martinez-Maldonado

U.S. Sen. Charles Grassley, from Iowa and chairman of the judiciary committee, co-signed a Dec. 9 letter with Moran and Roberts to Homeland Security Secretary Jeh Johnson, calling it “an extremely disturbing case” and questioning how Martinez-Maldonado was able to re-enter and remain in the country.

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Nationwide, 52 percent of all federal prosecutions in the fiscal year that ended Sept. 30 were for entry or re-entry without legal permission and similar immigration violations, according to Transactional Records Access Clearinghouse at Syracuse University.

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ICE said in an emailed statement when it encounters a person who’s been deported multiple times or has a significant criminal history and was removed, it routinely presents those cases to the U.S. attorney’s office for possible criminal charges.

Cosme Lopez, spokesman for the U.S. attorney’s office for the District of Arizona, declined comment on why prosecutors twice dismissed felony re-entry after deportation charges against Martinez-Maldonado in 2013 and 2015 in exchange for guilty pleas on misdemeanor entry charges.

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