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A 26-year-old Haitian migrant named Cory Alvarez was charged with the aggravated rape of a 15-year-old girl in Massachusetts. Despite requests from Immigration and Customs Enforcement (ICE) to take custody of Alvarez, he was released on $500 bail. The local sheriff’s office had filed a detainer against Alvarez on March 14, but it was not honored, and he was let go on bail by the Plymouth Superior Court on June 27. Despite prosecutors requesting bail to be set at $25,000, the judge set it at $500 under certain conditions such as home confinement and monitoring.

Alvarez’s attorney, Brian A. Kelley, stated that Alvarez was released after a three-part hearing that looked at medical records, surveillance footage, and testimony. Kelley confirmed that no injuries were found on the victim, and the surveillance video showed her entering and leaving the room without any indication of distress. Alvarez was also compliant with the bail conditions of home confinement and surrendering his passport. Kelley referred to a Massachusetts court ruling that determined there was no legal authority to hold an individual based solely on an ICE detainer.

Alvarez had arrived in the U.S. in June under a parole program for Cubans, Haitians, Nicaraguans, and Venezuelans. The policy, initially announced for Venezuelans in October 2022, allows migrants to fly directly to the U.S. if they have a sponsor, have not entered illegally, and pass various checks. In January 2023, the program expanded to include Haitians, Nicaraguans, and Cubans, with up to 30,000 individuals per month being allowed entry. The migrants receive work permits and authorization to live in the U.S. for two years. This program has faced criticism from Republicans who accuse the administration of abusing the parole process.

The Department of Homeland Security has defended the parole program, calling it a safe and orderly way for migrants to reach the U.S. and highlighting it as a key element in addressing high levels of migration in the hemisphere. Since January 2023, over 138,000 Haitians have been brought into the U.S. through the CHNV parole program. The administration’s efforts to expand the program and allow more individuals entry have been met with skepticism and criticism from some lawmakers and immigration advocates. The program has also raised concerns about the vetting process and potential risks associated with letting individuals into the country under this parole system.

Given the circumstances of Alvarez’s case, the decision to release him on bail despite ICE’s detainer requests has sparked controversy and debate over the handling of criminal cases involving migrants. The judge’s decision to set bail at $500 in a case involving serious allegations has been questioned, especially considering the nature of the charges and the potential flight risk. This case raises broader questions about the intersection of immigration policies, law enforcement, and public safety, highlighting the complexities and challenges of balancing concerns related to migration and criminal justice. The outcome of Alvarez’s case and the broader implications for immigration policies and enforcement will likely continue to be debated and scrutinized in the future.

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