A federal judge’s order freed a Honduran national from immigration custody; weeks later, Minnesota prosecutors charged him with raping a woman in her home.
Story Snapshot
- A Texas federal judge ordered Marcotulio Melendez Diaz released from immigration custody in August 2026.
- Prosecutors charged Diaz in Minnesota for an alleged October 11 home invasion sexual assault.
- Immigration officials say continued detention would likely have prevented the alleged attack.
- Local coverage details Diaz’s transfer from Minnesota to Texas custody and subsequent release.
Judge’s Release Order And Timeline To Minnesota Charges
Federal immigration officials told Fox News that a Texas judge ordered the release of Marcotulio Melendez Diaz, a 42-year-old Honduran national, from immigration custody in August 2026. They said Diaz then returned to Minnesota. Prosecutors later charged him with an October 11 sexual assault in Mounds View. Officials argued that if Diaz had remained detained, the alleged attack would likely not have occurred. The timeline places the alleged crime weeks after the court-ordered release.
Regional reporting in Minnesota adds key steps. Local records show officers first took Diaz into custody in January during a surge operation. Authorities transferred him to federal immigration custody in Texas. A habeas corpus petition followed in March. A Texas-based federal judge then ordered his release in August. After he returned to Minnesota, prosecutors filed the new rape charge tied to the October incident described in the complaint.
What Prosecutors And Immigration Officials Allege
Prosecutors allege Diaz entered a Minnesota woman’s home and overpowered her. The complaint describes a violent assault inside the residence. Immigration officials told Fox News that Diaz had a deportation order under review at the time of his release. They argue the court’s due process ruling moved him from detention to community release, which set the stage for the alleged offense. The new criminal case now proceeds in Minnesota under state law, separate from immigration proceedings.
A Minnesota policy group summarized the custody path and new charges based on public documents. Their account matches the federal timeline: local arrest, transfer to Texas immigration custody, court-ordered release, return to Minnesota, and then charging on the October 11 case. They identify Diaz’s age, Honduran nationality, and Minnesota ties, and they note the charge is for first-degree criminal sexual conduct with coercion, a serious felony under state law.
Public Safety, Due Process, And Policy Consequences
This case highlights a sharp tradeoff. Courts must enforce due process rights in immigration custody. Communities need protection from dangerous offenders. Immigration officials say the judge’s release order removed a restraint that could have prevented the alleged assault. Prosecutors now carry the burden to prove the case in court. The facts cited by officials and local records present a clear sequence that moves from release to alleged violence inside a Minnesota home.
EXCLUSIVE: A Honduran illegal immigrant allegedly raped a Minnesota woman just TWO DAYS after his deportation order became final, months after a Clinton-appointed federal judge ordered his release from ICE custody.
According to federal immigration officials, 42-year-old… pic.twitter.com/K0BWsqwShi
— Fox News (@FoxNews) November 3, 2026
Minnesota has faced other high-profile immigration enforcement stories this year. Federal immigration authorities recently publicized arrests of violent offenders in the state, underscoring ongoing safety concerns and the need for swift action on known threats. President Trump has pressed agencies to prioritize dangerous criminals for removal and to support local law enforcement. This case will test whether federal and state systems can align to keep violent offenders off the street while honoring constitutional limits on detention.
What Comes Next In Court And Enforcement
Minnesota prosecutors will present evidence on the October 11 allegations. Diaz is presumed innocent unless proven guilty. If convicted, state sentencing could be significant, and immigration consequences would follow. Federal immigration authorities will likely move to resolve his removal case once criminal proceedings conclude. The government can also seek detention during removal if the law allows. Officials will need tight coordination to prevent repeat release gaps that endanger families.
Lawmakers may review how federal custody, court rulings, and local prosecutions interact. They can clarify detention timelines, improve information sharing, and tighten supervision terms when courts require release. Communities expect both justice and safety. Clear rules, strong monitoring, and fast action on known risks can help. This Minnesota case shows that when systems do not align, victims pay the price. Leaders should fix the seams so law-abiding families are protected first.
Sources:
redstate.com, wfmd.com, acecomments.mu.nu
