PHILADELPHIA — Oscar Adalberto Penate, 56, a citizen of El Salvador, was arrested by U.S. Immigration and Customs Enforcement (ICE) on July 27 in Pottstown. The arrest involved coordination between ICE Enforcement and Removal Operations Philadelphia, Homeland Security Investigations Philadelphia, and IRS Philadelphia.
Brian McShane, ICE ERO Philadelphia Field Office Director, criticized Montgomery County’s sanctuary policies for allowing Penate to be released from custody despite an active ICE detainer. “An illegal alien who has committed serious crimes should not be free to harm our communities,” McShane said. He expressed relief that Penate was apprehended before posing further danger.
Penate reportedly entered the United States in 1998 through Texas. His criminal record includes a 2001 arrest in Houston for resisting arrest, to which he pled guilty.
More recently, Penate was arrested on July 22, 2025, by Pottstown Township Police on multiple severe sexual assault charges. These include involuntary deviate sexual intercourse with minors under 16 and 13, indecent assault, and corruption of minors. These charges remain pending.
Despite the active ICE detainer, Penate was released from the Montgomery County Correctional Facility due to sanctuary policies, prompting ICE’s intervention. He remains in ICE custody and faces removal proceedings.