An undocumented immigrant from Honduras, who was released from immigration custody by a federal judge, has been charged with allegedly raping a woman in her Minnesota home two months after his release, federal immigration authorities told Fox News.
Marcotulio Melendez Diaz, 42, was working as a handyman on Oct. 11 when he allegedly overpowered and repeatedly raped the resident. The assault was captured on the victim's home surveillance video, according to officials.
Immigration and Customs Enforcement (ICE) criticized the decision by U.S. District Judge Orlando L. Garcia, who was appointed by a Clinton administration president, to order Melendez Diaz's release. ICE officials stated that the incident could have been prevented if he had remained in custody.
"This is what happens when activist judges side with criminal illegal aliens over Americans," ICE said in a statement. "ICE arrested him, and an immigration judge ordered his deportation. But a Clinton-appointed federal judge ordered him RELEASED. And now an American woman has suffered a horrific crime that could have been PREVENTED."
ICE sources indicated that Melendez Diaz was initially apprehended and released at the southern border by the Biden administration in April 2024. He was arrested again in Minnesota in January 2026 during Operation Metro Surge and transferred to ICE detention in Texas.
On March 30, an immigration judge issued a deportation order against him. Melendez Diaz appealed this order, but on Oct. 9, his appeal was rejected, and the Board of Immigration Appeals issued a final deportation order. Just two days later, he was charged with rape.
Melendez Diaz faces charges of felony first-degree criminal sexual penetration involving coercion and could be imprisoned for up to 30 years if convicted. He remains in custody.
