Undocumented immigrants accused in classmate's alleged rape

ROCKVILLE, Md. -- Two Maryland high school students charged with raping a schoolmate last week are undocumented immigrants, according to Immigration and Customs Enforcement.

WJLA reports Henry Sanchez-Milian, 18, was arrested Thursday at Rockville High School in Rockville, Maryland, along with 17-year-old classmate Jose Montano. Both students are being charged as adults with first-degree rape and two counts each of committing a first-degree sexual offense, Montgomery County Police said in a statement.

Following Sanchez-Milian's arrest, ICE issued an immigration detainer -- an order to local law enforcement to hold a suspect for a pending immigration review.

Matthew Bourke, a spokesman for ICE, told CNN that Sanchez-Milian, a citizen of Guatemala, was stopped by a border patrol agent in Rio Valley Grande, Texas, in August 2016. At that time, the agent determined that Sanchez-Milian was in the United States illegally, having crossed over from from Mexico without proper documentation. Sanchez-Milian was ordered to appear before an immigration judge. That hearing has yet to be scheduled.

Bourke said that such a delay in an immigration hearing was "not atypical" and that Sanchez-Milian had been free to travel in the interim.

"There are a lot of people waiting to see an immigration judge," he said.

According to the Transactional Records Access Clearinghouse at Syracuse University, more than half a million cases are pending in immigration courts across the United States.

ICE officials would not comment on Montano's citizenship, citing his age.

White House Press Secretary Sean Spicer weighed in on the allegations Tuesday.

EMBED More News Videos

White House Press Secretary Sean Spicer weighed in on the allegations Tuesday.

"This is a tragic event and it's horrendous and horrible and disgusting what this young woman in Rockville went through. I can't possibly imagine. So first of all, let's remember the human side of this, that this is a tragic event that no child, no person, no parent should ever have to deal with. School should be a place where a parent puts their child on a bus or drops them off or sees them off and knows that they're safe and the idea that this occurred is shocking, disturbing, horrific, and whatever other words that someone could think of - because this is not, schools should be a place where children are there to learn and feel safe, in that kind of environment, to know that this happened and the circumstances - this young woman in particular fought to come to this country legally, because of the freedoms and treasures of this nation and to think that this kind of tragedy would occur to someone who has personally endured that kind of struggle to come to this nation and then face this is reprehensible and it is not who we are as a country, I think it's troubling and I think further to your question, the president recognizing that education is a state run and a local run issue but I think it's pause for concern what happened there, and I think the city should look at its policies," Spicer said.
"Immigration pays its toll on our people if it's not done legally and this is another example and it's why the president is so passionate about this."

The alleged rape took place in a school bathroom Thursday morning.

According to the alleged victim, the younger of the two suspects solicited her for sex in a school hallway. When she refused, he forced her into a boy's bathroom. Both the suspects then allegedly raped her inside a bathroom stall.

Montgomery County Public Schools declined to comment on the specifics of the case citing the ongoing investigation.

"The allegations presented in the charging documents are horrible and unacceptable," Superintendent Jack R. Smith said in a statement posted to the school system's website on Sunday.

"They do not represent the positive values of our students and school communities.

"The safety and security of every student in our district is our top priority and a responsibility that we do not take lightly," he added.

The school system would not comment on the immigration status of the suspects. A spokesperson directed CNN to a statement released earlier this year, in which the district stated, "Montgomery County Public Schools (MCPS) is committed to ensuring that all students feel safe and welcome in our schools, regardless of immigration status."

The suspects have not yet been assigned public defenders, according to the county public defender's office -- and neither has yet entered a plea.

Sanchez-Milian is due in court on April 14. The younger defendant has a hearing scheduled for March 31.

(The-CNN-Wire & 2017 Cable News Network, Inc., a Time Warner Company. All rights reserved.)

WLS-TV contributed to this report.