Ghanaian Illegal Alien Accused of Rape and Games the System to Evade Justice



Frederick Amfo, an Uber driver was recently arrested in Massachusetts and charged with the rape of a passenger. That’s not particularly shocking. Sadly, sexual assaults by cabbies and rideshare drivers have become all too common. Uber is currently facing a class action lawsuit from riders alleging that they were abused by drivers. And at least one firm has begun offering legal services specifically marketed at victims of “Uber assault.”

What’s shocking about Amfo’s case is how the courts in the Bay State disregarded his immigration status when setting his bail. Amfo is a citizen of Ghana and was unlawfully present in the United States. After being arraigned, and paying his bail, he caught the first plane back to his homeland.

How did an accused foreigner evade the bar of justice so easily? Through the unfortunate confluence of progressive policies that improperly focus on the “rights” of illegal aliens, and foreign criminals, rather than the interests of American crime victims.

In the United States, incarcerating a criminal defendant prior to conviction is unconstitutional – unless the defendant is likely to flee the jurisdiction or to pose a danger to the community.  However, high bail, or no bail, is perfectly acceptable if the defendant presents a significant flight risk.  And illegal aliens are, by definition, a significant flight risk.

Nevertheless, the court that arraigned Amfo seems to have ignored his immigration status, imposing only $10,000 cash bail and giving him 24 hours to surrender his passport. This type of leniency is common in Massachusetts, which is a sanctuary state in all but name.

To make matters worse, U.S. Immigration and Customs Enforcement (ICE) promptly issued a detainer asking local police to hold Amfo for arrest on deportation charges. But, the district court appears to have chosen not to forward the detainer to the Norfolk County Jail, which released Amfo once his bail was posted.

The decision not to forward ICE’s detention request to the jail was most likely based on the Supreme Judicial Court of Massachusetts’ holding in Sreyon Lunn v. Commonwealth, which found that Bay State law enforcement officers have no legal authority to hold an alien pursuant to an ICE civil detainer. Although, the court claims that it never received any detainer from ICE. But that assertion seems highly suspect, in light of the state’s sanctuary stance and repeated judicial decisions thwarting local police efforts to cooperate with immigration authorities.

Forgotten in all of the excessive concern about potential violations of “rights” that illegal aliens do not actually possess is the complainant, Ms. Emily Murray, of Weymouth, Mass. Waiving protections available under rape shield laws, and press conventions regarding the identity of sexual assault victims, Ms. Murray has publicly addressed the system’s utter failure to preserve her interests.  And no rational observer can help wondering whether Amfo was attracted to Massachusetts simply because of its sanctuary policies and extreme leniency toward immigration violators.

Let’s hope the Commonwealth of Massachusetts has finally taken Ms. Murray’s interests to heart and is coordinating with the Departments of Justice and State to secure Amfo’s return to America, to stand trial. The U.S. has had an extradition treaty with Ghana since 1931. And the Law Library of Congress indicates that Ghana generally responds to extradition requests. So, it’s possible that Amfo may yet be brought to justice.

 

About Author

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Matthew J. O’Brien joined the Federation for American Immigration Reform (FAIR) in 2016. Matt is responsible for managing FAIR’s research activities. He also writes content for FAIR’s website and publications. Over the past twenty years he has held a wide variety of positions focusing on immigration issues, both in government and in the private sector. Immediately prior to joining FAIR Matt served as the Chief of the National Security Division (NSD) within the Fraud Detection and National Security Directorate (FDNS) at U.S. Citizenship and Immigration Services (USCIS), where he was responsible for formulating and implementing procedures to protect the legal immigration system from terrorists, foreign intelligence operatives, and other national security threats.He has also held positions as the Chief of the FDNS Policy and Program Development Unit, as the Chief of the FDNS EB-5 Division, as Assistant Chief Counsel with U.S. Immigration & Customs Enforcement, as a Senior Advisor to the Citizenship and Immigration Services Ombudsman, and as a District Adjudications Officer with the legacy Immigration & Naturalization Service. In addition, Matt has extensive experience as a private bar attorney. He holds a Bachelor of Arts in French from the Johns Hopkins University and a Juris Doctor from the University of Maine School of Law.

4 Comments

  1. avatar

    Asians and Other Overpopulated Countries Can’t Afford Basic Safety Engineering

    So they eliminate automobile safety recalls [Toyota Engineering] and put backup generators for nuclear reactors in the leaky basement to be flood destroyed…..how many high speed bullet train accidents happenned they never put on media? Is their ground water contaminated with plutonium from the recent reactor meltdowns? The FAA has lost control of the Boeing 737 now, since the Manufacturing Engineering Drawings got transferred to Japanese? Boeing’s excuse for intellectual property transfer? They claim they didn’t know a trade war with China was going to happen…..LOL….what’s that got to do with IP security and keeping Manufacturing Engineering jobs in Seattle? Why does a Subaru get completely totaled/destroyed by a slow motion [1-2 mph] Chevy truck collision and the truck barely has a scratch on it?

    I’m a nuclear/automotive/aerospace safety engineer and want to know the truth about Safety Engineering….not made up open border lies.

  2. avatar

    What kind of identification this this guy use to purchase a ticket and board and airplane?

  3. avatar

    UBER has gotten awfully lax. Three years ago I was thinking about being a driver so I went thru the application process and full background check. I thought initially that the background check was a little over board till they stated that they don’t want any of the drivers with a criminal background and by law no illegals to avoid drivers like this one who had a different agenda in mine. They stated that the customers safety is #1. Well apparently that doesn’t matter much anymore. It would make sense if it’s run by liberals because they are afraid of being labeled as a racist before they are concerned about the customers safety.

    • avatar

      The whole Uber ideal was creepy from the start. We could have expected these types of things to occur. This is the same thing that occurs when they put these unqualified substitute teachers in the school with our children.