WASHINGTON – Senate and House Judiciary Committee Chairmen Chuck Grassley and Bob Goodlatte are requesting the immigration and criminal histories of a man charged in the brutal roadside rape near Fredericksburg, Va., in October.

Roberto Carlos Flores Sibrian was arrested November 17 and charged with rape and aggravated sexual battery after he allegedly struck the vehicle of a woman with his car, dragged the driver into a ditch and raped her for two hours. U.S. Immigration and Customs Enforcement reportedly issued an immigration detainer for Sibrian, which seeks cooperation with local authorities to prevent Sibrian from being released back into the public.

In a letter today to Homeland Security Secretary Jeh Johnson, Grassley and Goodlatte are requesting Sibrian’s full immigration and criminal background, including when and how he entered the United States, whether he has been previously deported and whether he applied for or received any immigration benefits.  The chairmen are also asking for details on Sibrian’s previous encounters with law enforcement and immigration authorities, arrest history and any gang affiliations.  Finally, the chairmen are asking whether Sibrian would have been considered an enforcement priority under the Obama Administration’s Priority Enforcement Program prior to the rape charges, what steps federal officials will take if local law enforcement refuses to honor the federal detainer, and whether federal officials have contacted the victims of the alleged crimes committed by Sibrian.

The Chairmen’s letter to Johnson follows:

November 22, 2016

The Honorable Jeh Johnson
Secretary 
Department of Homeland Security
Washington, D.C. 20528

Dear Secretary Johnson:

We write to request case information on Roberto Carlos Flores Sibrian, reportedly an alien illegally present in the United States, who allegedly brutally raped a woman near Fredericksburg, Virginia on October 31.  According to reports, Sibrian allegedly dragged a woman from her car into a ditch and raped her for two hours after striking her car with his vehicle.  Sibrian was arrested on November 17 in Sanford, North Carolina and charged with rape and aggravated sexual battery.  His bond was set at $100,000.  News sources also report that U.S. Immigration and Customs Enforcement issued an immigration detainer for Sibrian.

To better understand Sibrian’s immigration and criminal history, please provide both Committees on the Judiciary with the following information as soon as possible, but not later than December 5, 2016:  

1.    The alien registration number for Roberto Carlos Flores Sibrian, his complete alien file (A-file), including any temporary files or working files, and all documents and items contained in them that were generated by the Department of Homeland Security (DHS) or in its possession about him, whether currently in written or electronic form, including, but not limited to, the Enforcement and Removal Operations (ERO) Executive Summary, criminal history and immigration summaries, detainers or requests for notification, I-213(s), and Notice(s) to Appear or other charging documents created to seek his removal from the United States.

2.    How and when did Roberto Carlos Flores Sibrian enter the United States? 

3.    Had Roberto Carlos Flores Sibrian ever been removed previously?  If so, when?

4.    If a law enforcement agency declines to honor a detainer or notify ICE regarding Roberto Carlos Flores Sibrian, what action will DHS take to ensure that he is not released from custody and allowed to reoffend?

5.    Please identify each and every date on which Roberto Carlos Flores Sibrian was arrested by a law enforcement agency in the United States, including criminal and civil arrests, the nature of the charges, the jurisdictions where the arrests occurred, the dispositions of the charges, the dates on which he was released from the custody of the law enforcement agencies, and the reasons for the release.

6.    Did Roberto Carlos Flores Sibrian ever apply for any immigration benefit?  If so, was any application approved?  Please provide copies of any applications that Roberto Carlos Flores Sibrian may have submitted, whether or not adjudicated.

7.    Was Roberto Carlos Flores Sibrian a member of, or associated with any criminal gang?  Please explain.

8.    If Roberto Carlos Flores Sibrian had been encountered by DHS enforcement officials prior to his recent arrest for rape, would he have met the requirements to be considered a priority for removal under the Administration’s Priority Enforcement Program?  If so, please provide the exact reason for such consideration.  If not, why not?

9.    Has any victim(s) associated with the alleged crime(s) committed by Roberto Carlos Flores Sibrian been contacted by officials at ICE?  Please provide details.

As you know, the Privacy Act authorizes disclosure of information to Committees of Congress. Upon receipt of this letter, if you cannot fully respond to each and every request for documents or information set forth above, please immediately contact the staff members of the respective Committees below and identify the specific item requested to which you cannot fully respond and explain why you cannot respond.

Should you have any questions, please contact Kathy Nuebel Kovarik at (202) 224-5225 or Tracy Short at (202) 225-3926.  Thank you for your cooperation.

Sincerely,
    
Charles E. Grassley                   
Chairman                        
Senate Committee on the Judiciary            
 
Bob Goodlatte
Chairman
House Committee on the Judiciary

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