Chicago, IL — A convicted child sex offender and violent felon from Guatemala is back in custody after ICE officers arrested him following his release from an Illinois prison, a release federal officials say occurred despite an immigration detainer requesting his transfer to federal authorities.
Erik Giovanni-Quiroa, 41, was arrested by ICE Enforcement and Removal Operations Chicago on April 22 after the Illinois Department of Corrections released him into the community rather than transferring him directly to ICE custody, according to federal officials.
The arrest came after officers located Giovanni-Quiroa during a targeted enforcement operation in the Chicago area.
Convicted of Child Sexual Abuse and Firearm Violence
According to ICE, Giovanni-Quiroa is a Guatemalan national who was previously convicted of aggravated sexual abuse of a child and aggravated battery with a firearm.
Federal officials said he received a 19-year prison sentence for those crimes.
ICE had lodged an immigration detainer seeking notification and transfer before his release from state custody, but officials said the request was not honored.
The agency argued that honoring the detainer would have allowed officers to assume custody in a controlled environment without the need for a public enforcement operation.
Attempted to Flee During Arrest, ICE Says
After learning Giovanni-Quiroa had been released, ICE officers began efforts to locate him.
According to the agency, officers encountered him on April 22 and attempted to conduct a vehicle stop.
ICE said Giovanni-Quiroa refused lawful commands and attempted to flee in his vehicle before officers were ultimately able to safely take him into custody.
No injuries were reported during the arrest.
“The safety of our community was put at risk due to the failure to honor an immigration detainer,” said ICE Chicago Acting Field Office Director Tammy Marich.
“Thankfully, no one was hurt, but none of this should have happened.”
Key Points
• ICE arrested a Guatemalan national convicted of child sexual abuse and aggravated battery with a firearm.
• Federal officials say Illinois released him despite an immigration detainer.
• ICE alleges he attempted to flee before officers safely took him into custody.
Debate Over Immigration Detainers Continues
Federal immigration officials used the case to highlight ongoing disputes over immigration detainers and cooperation between local jurisdictions and ICE.
According to the agency, detainers are intended to allow immigration officers to take custody of removable noncitizens directly from state or local detention facilities, reducing the need for arrests in public settings.
ICE criticized jurisdictions that decline to honor detainer requests, arguing that such policies can complicate enforcement efforts and require officers to conduct arrests in communities rather than correctional facilities.
Removal Proceedings Pending
Giovanni-Quiroa remains in ICE custody and is expected to face immigration proceedings that will determine whether he is removed from the United States.
Federal officials said he will receive due process through the immigration court system.
For now, the convicted child sex offender remains detained while removal proceedings move forward.