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MARTIN COUNTY, Fla. —
An undocumented man wanted in Oregon for rape is now in federal custody
after the Martin County Sheriff’s Office says U.S. Immigration and
Customs Enforcement (ICE) initially declined to hold him.

The Martin County Sheriff’s Office says they were legally required to
release 26-year-old Juan Jose-Sebastian from jail, even though they
knew he was wanted in Oregon for rape charges. After Gov. Ron DeSantis
and U.S. Rep. Brian Mast got involved, the sheriff’s office was given
the legal authority to rearrest Jose-Sebastian.

https://kubrick.htvapps.com/htv-prod-media.s3.amazonaws.com/images/ jose-sebastian-1-65e3e42d18a9e.png?resize=660:*

Courtesy: Martin County Sheriff's Office
Juan Jose Sebastian

Investigators say this all started over two weeks ago when deputies
arrested Juan Jose-Sebastian, an undocumented Guatemalan immigrant for
driving without a license. Before he was set to be released after
serving his two-week sentence for driving without a license, the
sheriff’s office learned Sebastian had a warrant out of Washington
County, Oregon, for three counts of rape and sexual abuse.

On Friday, Sheriff Snyder learned ICE would not take custody of
Jose-Sebastian and Washington County, Oregon would not extradite him.

Snyder said he was initially "taken back" when Washington County, Oregon authorities declined to extradite Sebastian.

"So of course we turned to ICE expecting they would come and get him and
then they said they didn’t have bed space and then I was in checkmate,"
said Martin County Sheriff William Snyder. "I had no more legal
authority to hold onto the suspect... When my corrections deputy sent
word over that ICE said they don’t have bed space, I was absolutely
shocked."

At that point, the sheriff’s office was legally required to release him
and the sheriff alerted the public on social media that Jose-Sebastian
was wanted on sexual assault charges.

“The reason I get up every day and the reason I’m sheriff is to keep the people of my county safe," said Martin County Sheriff William Snyder.
"It’s my responsibility and for me to have to release a felon who’s
wanted in another state for such serious crimes was painful and it was
not something I wanted to do and if there was any other mechanism for me
to keep the suspect I absolutely would have done it."

DeSantis and Mast then stepped in and worked with ICE officials in
Washington, DC to authorize the Martin County Sheriff’s Office to locate
and re-arrest Juan Jose-Sebastian.

That happened on early Saturday morning and now he’s in the custody of immigration officials in Miami.

"How stupid is this?," Congressman Brian Mast (R- FL, 21st District)
sent to WPBF 25 News in a statement. "This illegal immigrant was
supposed to be deported, but that wasn’t good enough for ice to hold
him, even though ice was told he had a warrant for sexual assault. The
Biden Administration continues to prioritize illegals over Americans,"
said Mast.

ICE sent the following statement to WPBF 25 News:

"U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and
Removal Operations (ERO), with law enforcement partners at the Martin
County Florida Sheriff’s Office, arrested Juan Jose-Sebastian, 26, a
citizen and national of Guatemala, March 2, after it was determined he
was wanted in Washington County, Oregon on rape and sexual abuse
charges.

"ERO initially encountered Jose at the Martin County Sheriff’s Office
Feb. 29, 2024, after his arrest for driving without a license and
requested advanced notification of his release from custody, known as an immigration detainer. Initial record checks indicated he did not meet
current enforcement priorities, so ERO lifted the detainer March 1, he
was released from local custody and was ordered to report to the ERO Alternatives to Detention (ATD) program March 4, 2024. After his
release, the warrants from Washington County, Oregon for rape in the
third degree and sexual abuse in the second degree were discovered and
ERO partnered with the Martin County Sheriff’s Office and arrested him
March 2, 2024. Jose entered the U.S. on Nov. 23, 2015, was processed as
an unaccompanied child and has been on the ERO non-detained docket. An immigration judge with the Executive Office for Immigration Review
ordered Jose’s removal to Guatemala July 24, 2019. He is currently in
ICE ERO custody pending removal proceedings.

"Bedspace in ICE detention facilities is finite and therefore
prioritized based on many factors, to include the extent and nature of
the criminal history. Prior to the knowledge that the warrant existed
from Washington County, Oregon, the only known criminal history for him
was his current arrest for no driver’s license."

Snyder responded to ICE stating the agency did not initially know
Sebastian had a warrant for rape and sexual abuse.

“ICE has the same computers we have,” said Snyder. "They could have seen it."

The Florida Department of Law Enforcement tweeted this message on
Saturday:

"This is a fine example of Florida law enforcement working together to
keep criminal illegal aliens off our streets. Under Governor Ron
DeSantis, Florida is a law and order state!"

The Washington County, Oregon District Attorney's office sent this
statement to WPBF 25 News:

"Under Oregon law, the existence of certain warrants may not be publicly disclosed until the warrant is served. For that reason, we are unable to comment on a specific case.

"In general, however, all decisions regarding extradition matters are
made by the Governor’s Office. Pursuant to that office’s longstanding policy, whether extradition is authorized nationwide or is limited to
Western states (referred to as the “shuttle area”) depends on the classification of the crime. Generally speaking, the more serious the
crime, the broader the extradition area will be.

"The WCDA’s Office stands ready and willing to prosecute all criminal
cases, especially those involving sex charges. We support ensuring
Oregon’s state extradition program is fully funded."

WPBF 25 News has reached out to the Biden Administration and the state
of Oregon's governor's office for comment, but we have not heard back.

https://www.wpbf.com/article/florida-suspect-wanted-in-oregon-for-rape-ch arges-arrested-in-martin-county/60054817

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