TAKOMA PARK, Md. - An undocumented immigrant arrested for allegedly breaking in, burglarizing and living in a Prince George's County house while the tenants were away is accused of doing the same thing in Montgomery County.
U.S. Immigration and Customs Enforcement (ICE) says the suspect, Boris Antonio Calderon-Guardado, is from El Salvador, and was arrested by border patrol in Texas in 2015. He bailed out from ICE custody and made his way to Maryland. Since then, he has been arrested again and again, but has posted bond even after an ICE detainer was issued.
Alan Henney's home was broken into over the summer when he and his mother were away for weeks. He came home to find someone had chiseled through his locks and doorknobs.
"You can imagine the shock we had when we came in through the door here and in the front living room, there was a cot set up," said Henney.
He took photos of evidence that showed multiple people had been staying in the home.
"I just don't like to remember it," said Alan's mother, Dagmar Henney. "They used things, they slept here, they did things in the bathroom you wouldn't believe."
Photos show the home was a mess and was also burglarized. Alan says cash, jewelry and rare coins were taken in addition to family heirlooms, including items belonging to Dagmar's parents who died in the Holocaust.
A Holocaust survivor, Dagmar said she can't believe this happened to her home.
"I was so shocked when I saw it," she said. "I still, when I hear something, I start shaking."
Through fingerprints, Takoma Park police identified one of the suspects as Calderon-Guardado. FOX 5 found that he and two other men are accused of doing the same thing in December 2016 in Hyattsville. Court documents show the suspects were found sleeping in a residence and had ransacked the house. They were then arrested.
ICE says it issued a detainer, but in Prince George's County, a detainer isn't enough. The county requires a criminal warrant from ICE to hold a suspect past a release date. Guardado posted bond and was released.
In his brief time in the United States, Guardado has had many encounters with law enforcement. He has charges for drugs, trespassing, a dangerous weapon, theft and more. Just last month, Montgomery County police say he was caught stealing from Westfield Wheaton Mall.
He posted bond, and up until Tuesday, Alan and Takoma Park police were under the impression he was released again. After FOX 5 started asking questions, police found out the suspect was actually transferred back into Prince George's County's custody. This time, he is being held without bond.
"We owe our friends at FOX 5 quite a bit of thanks for pursuing the story," said Alan.
Before Takoma Park police knew the suspect was behind bars, a detective told Alan in email, "even once he is arrested, the courts will allow him an opportunity to make bail … Takoma Park is a sanctuary city and we do not aid with deportations in any manner."
"How many more Borises are there in the system?" asked Alan. "I think the question is - where do we draw the line?"
A statement from ICE says in part, "When criminal aliens are released from local or state custody, they have the opportunity to reoffend … State and local law enforcement agencies possess the legal authority under federal law to provide DHS with information, including information about the release from criminal custody of an alien subject to a detainer."
In an email responding to Alan's questions, an ICE spokesman explained there is no mechanism for a federal judge or magistrate to issue a criminal arrest warrant for a civil violation of immigration laws.
Maryland's attorney general has advised jails they should not hold undocumented immigrants past their release date unless ICE provides a warrant. He has said doing so could result in a lawsuit.
A spokesperson for the Prince George's County Department of Corrections says the department is following that advice.