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June 26, 2020New York, NY, United StatesEnforcement and Removal

ICE arrests undocumented Brazilian national with pending assault charges, released as a result of Westchester County’s Immigrant Protection Act

NEW YORK — On June 25, U.S. Immigration and Customs Enforcement's (ICE) Enforcement and Removal Operations (ERO) deportation officers arrested a Brazilian national illegally present in the U.S.

While conducting a targeted enforcement action in Port Chester, New York, ERO deportation officers assigned to ERO-New York’s Newburgh Sub-Office arrested 36-year-old Cherlle Francisco Das Neves, a convicted criminal alien who has pending criminal charges.

Das Neves, who illegally entered the U.S. at an undetermined time and location, also has a conviction in 2014 for disorderly conduct.

On Dec. 13, 2019, the Village of Port Chester Police Department arrested and charged Das Neves with third-degree assault with intent to cause serious physical injury; acts in a manner injurious to a child less than 17 years old; and criminal mischief with intent to damage property.

On Dec.17, 2019, ERO deportation officers lodged a detainer with the Westchester County Department of Corrections (WCDC). However, the detainer was not honored and Das Neves was released back into the community by the WCDC, without notifying ICE.

Westchester County’s Immigrant Protection Act enabled the release of Das Neves, a violent criminal, because the county’s law, passed in 2018, bars its law enforcement agencies from assisting federal agencies, such as ICE, in conducting investigations into undocumented aliens.

“I’m sure the concerned citizens of Westchester County have questions about why their local government passed a law that protects the criminal alien over their safety and forces their police department to release this violent criminal – with pending criminal charges – back into their community,” said Thomas R. Decker, ERO New York’s field office director. “What local politicians should realize is that failing to honor detainers may create additional challenges for ICE to arrest and remove criminals like Das Neves. But more importantly, failing to honor the detainers ultimately makes our communities less safe because these criminals are released back into the same streets to continue to commit violent crimes against the public. Thankfully, NYC ERO Officers are protecting the community and Das Neves will remain in ICE custody pending a hearing before an immigration judge."

ICE deportation officers carry out targeted enforcement actions every day in locations around the country as part of the agency’s ongoing efforts to protect the nation, uphold public safety, and protect the integrity of our immigration laws and border controls.

ERO New York’s area of responsibility includes the City of New York, and the following counties: Dutchess, Nassau, Orange, Putnam, Rockland, Suffolk, Sullivan, Ulster, and Westchester.

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