Court records challenge ICE's characterization of Maine detainees

Immigration and Customs Enforcement claimed last week that its enforcement surge in Maine targeted some of the state’s most dangerous criminals, including “child abusers and hostage takers.” But court records paint a more complicated picture of the more than 100 people detained statewide in what ICE called “Operation Catch of the Day.”

While some detainees had serious felony convictions, others faced far less serious charges — including a learner’s permit violation that was dismissed. Many had no criminal convictions at all, according to court records and immigration attorneys.

The discrepancy echoes concerns that have surfaced in other cities where ICE has conducted enforcement surges. Immigration attorneys and local officials say the characterization of detainees often overstates their criminal histories or conflates arrests with convictions.

Immigration and Customs Enforcement detained more than 100 people statewide in an operation in Maine during the last week of January, characterizing them as some of the state’s most dangerous criminals. But court records and immigration attorneys reveal a different picture.

Federal officials said the enforcement operation targeted the “worst of the worst,” including “child abusers and hostage takers.” Yet case files reviewed by the Associated Press show that detainees included people with minor charges later dismissed, those with no criminal records whatsoever, and individuals with pending immigration cases.

The Mischaracterized Cases

One example: ICE highlighted Elmara Correia in its public announcement, saying she was “arrested previously for endangering the welfare of a child.” Maine court records, however, show that in 2023 someone with that name was charged with violating a law related to learner’s permits for new drivers — a charge that was later dismissed entirely.

Correia entered the United States legally on a student visa about eight years ago and has never been subject to expedited removal proceedings, according to her attorney. She filed a petition Wednesday challenging her detention and a judge issued a temporary emergency order barring authorities from transferring her from Massachusetts, where she is currently held.

Similarly, ICE named Dany Lopez-Cortez as a “criminal illegal alien” from Guatemala convicted of operating under the influence. Portland Mayor Mark Dion questioned whether such a conviction, while serious, justified the agency’s “worst of the worst” designation.

“Was she found not guilty, or are we just going to be satisfied that she was arrested?” Dion said during a news conference. He raised concerns that ICE conflated arrests with convictions and failed to explain whether sentences had been served.

The Serious Cases

But some detainees did match ICE’s characterization. Dominic Ali, whom ICE highlighted as a major enforcement success, had a documented history of serious violence. Court records show Ali was convicted in 2004 of violating a protective order. Four years later, in 2008, he was convicted of second-degree assault, false imprisonment and obstructing the reporting of a crime.

Prosecutors said in the 2008 case that Ali threw his girlfriend to the floor of her New Hampshire apartment, kicked her and broke her collarbone. Judge James Barry characterized the assault during sentencing, saying Ali’s conduct “amounted to nothing less than torture.” Ali received a five- to ten-year prison sentence.

After being paroled to ICE custody, an immigration judge ordered his removal in 2013, according to court records.

No Criminal Records at All

Yet some detainees had no criminal records at all. Immigration attorneys filed habeas petitions Friday on behalf of these clients.

Boston immigration attorney Caitlyn Burgess said her office filed habeas petitions for four Maine detainees who were transferred to Massachusetts. The most serious charge any faced was driving without a license. All had pending immigration court cases or applications.

Maine attorney Samantha McHugh filed five habeas petitions for detainees and said she expected to file three more. “None of these individuals have any criminal record,” said McHugh, who represents a total of eight detainees. “They were simply at work, eating lunch, when unmarked vehicles arrived and immigration agents trespassed on private property to detain them.”

The Scale of the Operation

Federal officials said the operation, which ICE called “Operation Catch of the Day,” is targeting about 1,400 immigrants across Maine, a state of about 1.4 million people. Foreign-born residents make up roughly 4 percent of the state’s population.

The discrepancy between ICE’s public characterization and the actual case details echoes concerns that have surfaced in other cities where the agency has conducted enforcement surges. Immigration attorneys and local officials have raised similar issues, saying that ICE’s characterization of detainees often overstates criminal histories or conflates arrests with convictions.