Taxpayer-supported attorneys and a group of judges appointed by Biden have assisted an immigrant, who has faced multiple arrests for indecent exposure, in evading deportation.
Lucio Tomar, a national from Cape Verde, has a record of at least 19 arrests since 2006 for offenses like gross indecent exposure. Although he was ordered deported by an immigration judge in July 2024, a ruling from the U.S. Court of Appeals for the First Circuit in January effectively put a stop to that, concluding that his actions were not necessarily driven by sexual motives.
Tricia McLaughlin, assistant secretary for public affairs at the Department of Homeland Security, expressed concern over Tomar’s situation, questioning, “Would you want this individual around your family?” She noted that his green card was rendered invalid due to his convictions. “He was arrested by ICE in 2024, but an activist judge has restored his legal status, allowing him to roam freely,” she stated.
Since legal entry into the U.S. in 2003, Tomar has been arrested multiple times in Massachusetts for lewd conduct, including charges of indecent exposure and failing to register as a sex offender. Some of his offenses were not explicitly related to sexual acts; for instance, he was arrested for drug possession and disorderly conduct on separate occasions.
Tomar was convicted of gross indecency twice in recent years, leading federal immigration authorities to revoke his legal resident status and arrest him on April 24, 2024. An immigration judge initially agreed that his behavior warranted deportation, but Tomar appealed the decision. The Board of Immigration Appeals upheld the ruling in November 2024.
Tomar later took his case to the U.S. Court of Appeals for the First Circuit, where a panel determined that Massachusetts courts had previously convicted individuals for gross indecency without sexual intent, thereby arguing that his actions didn’t necessarily qualify as deportable offenses.
The judges stressed that under Massachusetts law, conviction of gross indecency doesn’t inherently require lewd intent. They cited instances where such behavior could arise from non-sexual situations, like sunbathing or other activities misinterpreted as sexual misbehavior.
On January 26, Tomar was released from ICE detention and is no longer facing deportation proceedings. Federal officials confirmed that he has regained his status as a legal permanent resident.
The court’s ruling was written by Judge Samantha Elliott, a Biden appointee, alongside two other judges nominated by the president.
After arriving in the U.S. in 2003, Tomar became notorious in Boston for public indecency. In one notable incident in October 2023, he was reported for exposing himself while parked in a BMW. Just days later, he was found engaging in lewd behavior near officers who witnessed the act.
Tomar is classified as a Level 3 sex offender, a designation indicating he poses a significant threat of reoffending. Local law enforcement questioned the challenges of prosecuting such cases, noting that many do not involve physical violence, which complicates legal proceedings.
ICE held Tomar at a detention center for nearly two years as he sought to overturn his deportation order. His legal battle was supported by taxpayer-funded legal aid, with attorney Maria Huang representing him.
Officials in Massachusetts have allocated significant funds each year for legal services for those who cannot afford representation. Requests for comments from the Massachusetts Public Defender Services Commission and Tomar went unanswered.
McLaughlin reiterated the stance that the U.S. will continue to pursue deportations of individuals without legal grounding to remain in the country, emphasizing that a green card should not be treated as an unconditional right.
Critics from hardline immigration groups echoed sentiments reminiscent of the previous administration, attributing Tomar’s regained status to activist judicial decisions.
Matt O’Brien from the Federation for American Immigration Reform questioned the benefit of allowing Tomar to remain in the U.S., stating, “This individual is a known sex offender. Instead, the court has permitted him to continue his public misconduct.”
