Judge Andrew Napolitano criticized the Oregon government after it failed to protect a senior citizen who was allegedly sexually assaulted by an illegal immigrant.
Sergio Martinez was deported 20 times prior to the alleged attack.
Sergio Jose Martinez, 31, was taken into custody Monday night on charges that include robbery, kidnapping, burglary and sexual abuse involving two victims.
Martinez allegedly assaulted a woman in the basement of a parking garage while armed with a knife, police said. The woman kicked him in the stomach and pressed the panic button in her car, and Martinez fled when authorities arrived.
The suspect has been a transient in the Portland area for more than a year and has five probation violations for re-entering the United States.
Immigration and Customs Enforcement (ICE) lodged an immigration detainer against Martinez in December 2016, asking local authorities to notify them before releasing Martinez. However, he was released into the community and ICE was not notified.
It is illegal for cities in Oregon to use their resources to help enforce federal immigration laws; in March, Portland declared itself a "sanctuary city" for undocumented immigrants.
"There's obviously something wrong with the system," Napolitano said.
Portland, where the alleged incident occurred, is a sanctuary city.
He wondered aloud why the Oregon government "would not be concerned enough for the safety of the people."
Napolitano said that returning to the United States after deportation is a crime, and coming back 19 more times is 19 more crimes.
"Why hasn't he been arrested?" he asked.
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