Federal immigration authorities arrested an illegal alien accused of multiple sex crimes against minors after he was released by local officials in Montgomery County, Pennsylvania, despite an active detainer from Immigration and Customs Enforcement.
Oscar Adalberto Penate, a 56-year-old citizen of El Salvador, was taken into custody on July 27 in Pottstown by officers from Immigration and Customs Enforcement Enforcement and Removal Operations Philadelphia, Homeland Security Investigations Philadelphia, and the Internal Revenue Service Philadelphia.
Penate had previously been held at the Montgomery County Correctional Facility following his July 22 arrest by the Pottstown Township Police Department. He faces multiple felony charges, including involuntary deviate sexual intercourse with a person under 16, indecent assault of a person under 13, and corruption of minors. All charges remain pending.
According to federal authorities, Penate was released from county custody despite the filing of an immigration detainer, a move attributed to sanctuary policies enacted by Montgomery County’s elected leadership.
“If the elected officials in Montgomery County are not going to protect the citizens of the county, we will,” said Brian McShane, field office director for Immigration and Customs Enforcement Enforcement and Removal Operations Philadelphia. “An illegal alien who committed a crime by unlawfully entering the United States, who is then charged with heinous crimes like this, should never be released to prey on the citizens of Montgomery County.”
Penate told officials he first entered the United States illegally in 1998 by crossing the southern border into Texas. He was previously arrested by the Houston Police Department on August 18, 2001, and later convicted of resisting arrest, search, or transport.
Montgomery County’s sanctuary policy bars local officials from honoring detainers filed by immigration authorities, resulting in the release of individuals wanted for immigration enforcement actions.
Penate is currently being held in federal custody pending the outcome of immigration removal proceedings.
Federal officials have reiterated that sanctuary policies impede public safety and enable repeat offenders to evade federal oversight. Immigration and Customs Enforcement stated it will continue to prioritize enforcement against individuals posing a threat to communities.
