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A man appearing at Clatsop County Circuit Court on charges of rape was detained by ICE when leaving the courthouse. U.S. Immigrant and Customs Enforcement officials took Anastacio Eugenio Lopez Fabian, 24, into custody when he appeared on charges of having sex with a girl when she was under 14 three times.
Fabian also had sex with the girl three times when she was under 16 and was arrested by Seaside police in February after assaulting the victim. He was released from jail on $25,000 bail but at a hearing, Wednesday, Fabian's public defender, Kris Kaino, informed Judge Cindee Matyas that Fabian would not be appearing.
Kaino said, "ICE picked him up in the parking lot about 10 to 15 minutes ago." This prompted Deputy District Attorney Dawn Buzzard to request a continuance until they "know where he is." All future court dates for Fabian have been canceled and District Attorney Josh Marquis said this is the second time ICE has made an arrest at the courthouse.
"They don’t coordinate with us, and we don’t coordinate with them," Marquis explained. "Obviously, if they’re whisked off and deported, they don’t usually coordinate with us." A cousin of Fabian named Maria Fabian said he is from Guatemala when they met with Kaino after the hearing.
"We were trying to talk to him to see if he knew, but I don’t know," Maria Fabian said referring to the ICE detention. The victim's mother reported her daughter missing as a runway to Seaside police and she was found by authorities at Fabian's home. She told investigators she was unwilling to go to school that day after attending a party the previous night.
Investigators learned of Fabian's sex crimes after interviewing the victim further leading to two counts of second-degree rape, three counts of third-degree rape, fourth-degree assault, and harassment. If found guilty, second-degree rape has a mandatory minimum sentence of six years in prison.
"We have to resolve the case," Marquis said. "If it doesn’t get resolved, it may go on for years, at which point it’s harmful to the victim." Geoff Spalding, the Astoria Police Chief said that ICE informed the agency of the arrest beforehand and added that such practice is standard.
ICE criticized Clatsop County last year after they refused to comply with its requests to detain illegal immigrants. The police agency insisted that such arrests were safer made at jail rather than at the courthouse. According to Sheriff Tom Bergin, the refusal to comply with ICE detainers leaves all agencies in the state vulnerable to lawsuits.
The U.S. District Court in Portland recently ruled in favor of a woman detained by ICE at Clackamas County jail saying the Fourth Amendment protected her against unreasonable search and seizure despite the fact she wasn't a citizen.
The Trump administration has been one of the toughest on immigration enforcement and state's refusal to comply with the federal agency has sown a rift between state and federal government.
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