DHS criticizes plea deal that could free migrant after guilty plea in teen assault case

The Department of Homeland Security on Sunday slammed a plea deal for a transgender illegal alien who admitted to sexually assaulting a 14-year-old boy in New York City, raising new questions about a case that may result in no additional jail time.

DHS criticized the Manhattan District Attorney’s Office after reports that Nicol Alexandra Contreras-Suarez, a 31-year-old Colombian national, could receive a six-month sentence with credit for time served following a guilty plea in the case.

"DISGRACEFUL plea deal offered to transgender criminal illegal CHILD RAPIST," DHS wrote on X. "The Manhattan District Attorney's Office has offered ‘Nicol Alexandra’ Contreras-Suarez…an insane SIX-MONTH plea deal in exchange for admitting to following a 14-year-old into the bathroom and RAPING him in February 2025.

"Contreras-Suarez was let into our country by the Biden administration and then again released from jail following his arrests for armed robbery, assault with a dangerous weapon, and prostitution," DHS continued. "This pervert should have NEVER been in our country. Under @POTUS Trump and Secretary Mullin, we will continue to put the safety of Americans first and fight to get criminal illegal aliens like this out of our communities to no longer prey on and victimize innocent children."

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Last week, Contreras-Suarez pleaded guilty to second-degree rape after initially being charged with first-degree rape of a child under age 17 and stalking.

Contreras-Suarez was promised a six-month sentence by a Manhattan Supreme Court judge on Tuesday. However, the defendant is expected to receive credit for time served and be released from custody at sentencing on April 27 unless federal immigration officials intervene, the New York Post reported.

"We expect the defendant to remain detained and be deported following sentencing due to the felony conviction," a spokesperson for the DA’s Office said in a statement to the outlet.

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The deal was reportedly reached by prosecutors working with the teenage victim’s family in an effort to keep the boy from having to testify before a grand jury and at trial in Manhattan Supreme Court.

At the time of the arrest, Contreras-Suarez was facing prostitution, robbery, and weapons charges in Massachusetts, DHS said.

But due to sanctuary policies, DHS added, the suspect was subsequently released.

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According to DHS, Contreras-Suarez was apprehended by U.S. Customs and Border Protection in March 2023 after illegally crossing the border near San Ysidro, California.

Following the New York City arrest, then-DHS Assistant Secretary Tricia McLaughlin criticized the release, saying the suspect should not have been allowed to remain in the country and blaming federal immigration and local sanctuary policies.

Immigration and Customs Enforcement later lodged a detainer against Contreras-Suarez after the Manhattan arrest.

McLaughlin said at the time that ICE would seek to ensure the defendant could not continue to pose a threat to the public.

Fox News Digital’s Julia Bonavita contributed to this report.