ICE nabs illegal alien wanted for murder, then a lesbian Biden judge weighs in — UPDATE: But did she have all the information?

UPDATE, May 5, 10:00 a.m. ET: The Justice Department revealed in a statement on Friday that "Judge DuBose did not have knowledge at the time of her ruling that Gomez was wanted by authorities in the Dominican Republic" and that claims to the contrary were erroneous. Further updates have been incorporated into the story below.

The Worcester Police Department arrested an illegal alien from the Dominican Republic charged with assault and battery on April 4.

Although the City of Worcester, like other municipalities across Massachusetts, is loath to cooperate with U.S. Immigration and Customs Enforcement, the detainer for Bryan Rafael Gomez was reportedly honored, enabling ICE Boston to arrest the Dominican following his release on $500 bail.

'An activist judge appointed by Joe Biden released this wanted murderer back into American communities.'

ICE revealed at the time that Gomez — who stole into the United States in 2022, was encountered by U.S. Border Patrol near Lukeville, Arizona, and was ultimately released into the homeland by the Biden administration — was a fugitive from justice.

The Coordination of the Courts of Instruction of the National District of Santo Domingo, Dominican Republic, issued an arrest warrant in Gomez's name for murder on Jan. 24, 2023, according to the Department of Homeland Security.

While immigration authorities planned to keep the alleged murderer in custody until his removal from the U.S. — which appeared imminent granted an immigration judge issued Gomez a deportation order on April 28 — a judge appointed by former President Joe Biden to the U.S. District Court for the District of Rhode Island in 2024 had other ideas.

Judge Melissa DuBose, a black lesbian who served as a member of the Committee on Racial and Ethnic Fairness in Rhode Island Courts and once described herself as being in a "Marxist Phase," ordered the foreign fugitive's release on Tuesday.

The Justice Department revealed in a statement on Friday that "Judge DuBose did not have knowledge at the time of her ruling that Gomez was wanted by authorities in the Dominican Republic" and that claims to the contrary were erroneous. Assistant U.S. Attorney Kevin Bolan said in a court filing that he should not be held in contempt for failing to notify the judge of Gomez's "dangerousness and/or criminal history."

DuBose — who prefers the term "court user" to "defendant" — characterized the fugitive's detention by ICE as "unlawful," claiming that the legal authority under which ICE held him, which is intended for migrants captured at the border, did not apply to Gomez because he had been arrested by local police, reported Fox News.

RELATED: Illegal alien with a badge impersonates Border Patrol agent to disrupt mission — even calls in 'reinforcements'

Jim WATSON/POOL/AFP/Getty Images (left); ICE

The Biden judge, confirmed in 2024 with the support of Republican Sens. Lindsey Graham (S.C.) and Susan Collins (Maine), determined that rather than mandatory detention, Gomez was alternatively entitled to a bond hearing.

ICE, which contended that Gomez was subject to mandatory detention because of the international arrest warrant for homicide in his name, is barred from rearresting the fugitive as a result of Judge DuBose's order. Consequently, he is once again free to prowl American streets.

"Bryan Rafael Gomez is a criminal illegal alien from the Dominican Republic with an international warrant for homicide," Homeland Security acting Assistant Secretary Lauren Bis said in a statement. "An activist judge appointed by Joe Biden released this wanted murderer back into American communities. This is yet another example of an activist judge trying to thwart President Trump’s mandate from the American people to remove criminal illegal aliens from our communities."

"Under President Trump and Secretary Mullin, DHS will continue to fight for the removal of criminal illegal aliens who have no right to be in our country," added Bis.

When contacted in the wake of the Justice Department's admission and filing regarding DuBose's ignorance of Gomez's fugitive status, the DHS provided Blaze News with the same comment, unchanged.

Editor's note: This article has been updated after publication to incorporate a statement from the DOJ, to note that the DHS has not changed its statement, and to reflect that Judge DuBose was unaware that Bryan Rafael Gomez was wanted by the Dominican Republic for murder.

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