The Department of Justice is prosecuting a previously deported illegal alien from Honduras for illegal re-entry while he is in prison for raping a small child after release by the city of Philadelphia.

Illegal alien Juan Ramon Vasquez was previously deported in May 2009 and resurfaced on the radar of U.S. authorities in May 2014 after an arrest in Philadelphia. ICE agents were unable to detain Vasquez and re-deport him, however, because he was released by the city, which has a sanctuary policy for illegal aliens.

Vasquez committed the rape of the child after his release.

“The facts of this case highlight the danger posed by the City of Philadelphia’s decision to disregard ICE detainers and release previously deported aliens from local custody,” said U.S. Attorney McSwain said in a Wednesday statement, adding, “This defendant received a free pass from the City of Philadelphia and its Department of Prisons, headed straight back into our community, and committed a heinous crime he never would have had the chance to commit had the City of Philadelphia complied with the ICE detainer.”