Illegal immigrant, ordered deported but never removed, convicted for child rape in California

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An illegal immigrant from El Salvador, who was ordered removed from the U.S. in 2016 but never deported, was convicted this month of child rape in California and sentenced to more than 45 years in prison.

Fredys Aguilar-Menjivar, a 31-year-old El Salvadoran, was convicted of three counts of forcible rape of a child under 14 and one count of child molestation.

The victim reported that the man, a family member, raped and molested her on several occasions between 2018 and 2020.

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The Monterey district attorney's office said the abuse was discovered at a party when a family member walked in -- the victim had tried to scream, but Aguilar-Menjivar threatened her and her parents.

The DA's office said that, in addition to the prison term, Aguilar-Menjivar was required to register as a sex offender for life and given a 10-year restraining order. 

Immigration and Customs Enforcement (ICE) confirmed to Fox News that Aguilar-Menjivar was ordered removed from the U.S. in absentia by an immigration judge in June 2016. Aguilar-Menjivar’s immigration status was first reported by Breitbart News.

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ICE had filed an immigration detainer with the Montgomery County jail last month following his arrest on multiple felony charges. 

"As a convicted aggravated felon he is a current ICE enforcement priority," the agency said in a statement.

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California is a "sanctuary" state, meaning local enforcement are forbidden from cooperating with ICE detainers, but there are exceptions for certain serious crimes -- including rape.

ICE arrests have decreased significantly under the Biden administration, which has limited the agency's enforcement priorities to recent border crossers, those who pose a threat to national security, and those who have committed "aggravated felonies."

The news of Aguilar-Menjivar’s sentencing comes as the Biden administration is struggling to cope with a dramatic influx of migrants at the southern border -- one that they have blamed on the prior administration, but critics have linked to the new administration’s more liberal immigration policies.

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Border officials encountered more than 172,000 migrants in March alone, many from Northern Triangle countries including El Salvador. But overwhelmed agents have also warned that as many as 1,000 migrants are getting past them every day.

Border Patrol agents in Texas this week picked up three convicted child sex offenders among groups of illegal immigrants in just two days