OCEAN COUNTY — Federal immigration authorities say they have issued an immigration detainer for a man arrested in Ocean County on charges related to the alleged sexual assault of a minor and are warning that New Jersey’s immigration policies could affect whether the suspect is transferred to federal custody.

According to the U.S. Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE) issued the detainer after Gerardo Garcia Gonzalez was arrested by the Ocean County Sheriff’s Office on March 2, 2026.

Authorities say Garcia Gonzalez faces charges including sexual assault of a minor between the ages of 13 and 15, criminal sexual contact, and sexual assault by force or coercion, according to reporting by Fox News citing DHS officials.

Federal officials said ICE requested that local authorities notify the agency before releasing the suspect so federal agents could take custody.

Federal Officials Raise Concerns

In a statement reported by Fox News, DHS Deputy Assistant Secretary Lauren Bis criticized policies in New Jersey that limit cooperation between local law enforcement and federal immigration authorities.

Bis said federal officials are urging state and local authorities not to release the suspect from custody before ICE can take action.

According to DHS, Garcia Gonzalez had previously been removed from the United States in 2001 and later reentered the country without authorization.

Under federal law, reentering the United States after deportation without permission can constitute a criminal offense under 8 U.S.C. §1326.

Policy Debate in New Jersey

The case comes amid an ongoing policy debate between federal immigration authorities and New Jersey officials regarding cooperation with immigration enforcement.

New Jersey operates under the Immigrant Trust Directive, issued by the New Jersey Office of the Attorney General, which limits how state and local law enforcement agencies may assist federal immigration authorities with civil immigration enforcement.

Supporters of the directive say it helps ensure immigrant communities can report crimes and cooperate with police without fear of immigration consequences. Critics argue the policy can make it more difficult for federal officials to take custody of certain suspects.

Criminal Justice Process

New Jersey’s Criminal Justice Reform system, which took effect in 2017, replaced most cash bail with a risk‑based detention system.

Under the system, judges determine whether defendants should remain in custody or be released pending trial based on factors such as public safety, the severity of charges, and the likelihood of appearing in court.

Court proceedings will determine whether Garcia Gonzalez remains detained while the criminal case moves forward.

Allegations Not Proven

Authorities have released limited details about the alleged incident, and the charges remain allegations that must be proven in court.

Under U.S. law, all defendants are presumed innocent unless proven guilty.

Sources

Fox News

U.S. Department of Homeland Security

U.S. Immigration and Customs Enforcement

New Jersey Office of the Attorney General

New Jersey Judiciary