A Portland parent, whose arrest by federal immigration authorities near a school prompted community concern, has been deported while he was awaiting court proceedings for a domestic violence charge, according to U.S. Immigration and Customs Enforcement.
Denis Omar Rivera Martinez, 42, who is from Honduras, was arrested by ICE agents outside of Gerald E. Talbot Community School last month. An ICE spokesperson confirmed in a statement Thursday that Rivera Martinez was deported “to his origin country” on Oct. 8, six days after an immigration judge ordered he be removed from the U.S.
ICE said it detained Rivera Martinez on Sept. 11, a day after he was arrested by Portland police on a class D domestic violence charge and released on bail.
Rivera Martinez has not been able to respond to the charge in court because he was deported before a first appearance scheduled for Thursday morning.
According to court records, a woman had received a temporary protection from abuse order against Rivera Martinez days before his arrest. It’s unclear whether her allegations are related to the criminal case.
Prosecutors previously declined to share details of the allegations against Rivera Martinez in the domestic violence case. District Attorney Jacqueline Sartoris said ICE did not notify her office of Rivera Martinez’s status.
“Generally, the uncertainties that the current immigration approach are creating have made it harder to engage with victims and witnesses who fear their immigration status may endanger them if they participate in criminal legal proceedings,” Sartoris wrote in an email Thursday night. “And will of course end up marooning cases such as this without resolution.”
During the hearing Thursday, neither a prosecutor nor District Court Judge Peter Darvin knew where Rivera Martinez was or why he was not in court.
A Spanish language interpreter called Rivera Martinez’s name several times before the hearing.
Darvin agreed to sign a writ compelling Rivera Martinez’s appearance for a new court date on Nov. 6. A spokesperson for ICE didn’t say whether the agency was aware of Rivera Martinez’s court dates.
ICE previously said the agency would make Rivera Martinez available for the criminal court process, as long as local officials agreed to hold him in jail. Sartoris said last month neither she nor the jail have authority over that and that bail decisions are up to a judge.
Rivera Martinez’s apprehension near the school building sparked fear in the community, city leaders said at the time. Portland city councilors publicly condemned ICE’s practices and called for the federal agency to adopt clearer identification requirements.
The Department of Homeland Security, which oversees ICE, accused Portland of not cooperating with federal officials. The agency said the arrest needed to happen outside of the school because Portland police didn’t notify ICE of Rivera Martinez’s initial arrest.
The federal agency also accused Portland of having “sanctuary policies,” which Mayor Mark Dion has disputed.
This story was updated on Oct. 17 to include additional information.
