On Sunday, the Department of Homeland Security (DHS) strongly criticized a plea agreement involving a transgender undocumented immigrant accused of sexually assaulting a 14-year-old boy in New York City. The case, which could potentially result in no further jail time, has sparked significant controversy.

The criticism was directed at the Manhattan District Attorney’s Office after it was reported that Nicol Alexandra Contreras-Suarez, a 31-year-old Colombian national, might receive a six-month sentence with credit for time already served as part of a plea deal.

“The plea deal offered to this individual is nothing short of disgraceful,” DHS expressed on X, formerly known as Twitter. The department highlighted that the Manhattan DA’s Office proposed a six-month plea agreement in exchange for Contreras-Suarez admitting to the crime of following a 14-year-old into a bathroom and committing rape in February of the previous year.

DHS further stated, “This individual was allowed into our country under the current administration and subsequently released from custody following arrests for armed robbery, assault with a weapon, and prostitution. Such individuals should never be in our communities. Under former President Trump and Secretary Mullin, we prioritized the safety of Americans by removing criminal undocumented immigrants who pose a threat to innocent children.”

According to reports from the New York Post, Nicol Alexandra Contreras-Suarez, a 31-year-old Colombian immigrant assigned male at birth, pled guilty to second-degree rape after authorities accused them of sexually assaulting a 14-year-old boy in East Harlem last year.

Contreras-Suarez recently admitted to second-degree rape, following initial charges of first-degree rape of a minor under 17 and stalking.

Contreras-Suarez was promised a six-month sentence by a Manhattan Supreme Court judge on Tuesday. However, the defendant is expected to receive credit for time served and be released from custody at sentencing on April 27 unless federal immigration officials intervene, the New York Post reported.

“We expect the defendant to remain detained and be deported following sentencing due to the felony conviction,” a spokesperson for the DA’s Office said in a statement to the outlet.

The deal was reportedly reached by prosecutors working with the teenage victim’s family in an effort to keep the boy from having to take the stand in front of a grand jury and at trial in Manhattan Supreme Court. (iStock)

The deal was reportedly reached by prosecutors working with the teenage victim’s family in an effort to keep the boy from having to testify before a grand jury and at trial in Manhattan Supreme Court.

At the time of the arrest, Contreras-Suarez was facing prostitution, robbery, and weapons charges in Massachusetts, DHS said.

But due to sanctuary policies, DHS added, the suspect was subsequently released.

Nicol Alexandra Contreras-Suarez was initially charged with first-degree rape of a child less than age 17 and stalking in Manhattan, New York last year. (iStock)

According to DHS, Contreras-Suarez was apprehended by U.S. Customs and Border Protection in March 2023 after illegally crossing the border near San Ysidro, California.

Following the New York City arrest, then-DHS Assistant Secretary Tricia McLaughlin criticized the release, saying the suspect should not have been allowed to remain in the country and blaming federal immigration and local sanctuary policies.

Immigration and Customs Enforcement later lodged a detainer against Contreras-Suarez after the Manhattan arrest.

McLaughlin said at the time that ICE would seek to ensure the defendant could not continue to pose a threat to the public.