Authorities in Martin County say a man arrested for raping an 82-year old woman should have never been in this country to begin with.
20-year old Marvin Mendoza is being held on more than half a million dollars bond.
The sheriff's office says he is undocumented and was released after serving time in jail a couple of years ago for exposing himself in front of children at a park.
"He should have been subject to a detained hearing in immigration court."
Immigration attorney Heriberto Hernandez says ICE may have "dropped the ball."
Mendoza came to the U.S. from Guatemala as an unaccompanied minor in 2016 seeking asylum, but never finished the process.
He has been arrested multiple times since.
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Photo: CBS 12