U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations (ERO) Philadelphia, along with Homeland Security Investigations Philadelphia and the IRS in Philadelphia, arrested Oscar Adalberto Penate, a 56-year-old citizen of El Salvador, in Pottstown on July 27.
ICE ERO Philadelphia Field Office Director Brian McShane commented on the arrest: “If the elected officials in Montgomery County are not going to protect the citizens of the county, we will. An illegal alien who committed a crime by unlawfully entering the United States, who is then charged with heinous crimes like this, should never be released to prey on the citizens of Montgomery County. The sanctuary policies recently enacted by the Montgomery County Commissioners forced prison officials to release this individual to the streets rather than turn him over to ICE officials on the detainer filed against him. I am just glad we got him before he could harm another.”
Penate reportedly entered the United States in 1998 by crossing into Texas. His criminal record includes an arrest by Houston Police Department in August 2001 for resisting arrest, search or transport, to which he pleaded guilty.
On July 22, 2025, Pottstown Township Police Department arrested Penate on several charges including involuntary deviate sexual intercourse with a person less than 16 years old, involuntary deviate sexual intercourse with a child, two counts of indecent assault of a person under 13 years old, two counts of corruption of minors by a defendant age 18 or above, and two counts of indecent assault without consent. These charges are pending.
Although ICE had issued a detainer for Penate, he was released from Montgomery County Correctional Facility because of county sanctuary policies.
Penate is now in ICE custody while removal proceedings are pending.
The public can report crimes or suspicious activity through the ICE Tip Line at 866-DHS-2-ICE (866-347-2423) or via an online tip form.
More information about ICE Philadelphia’s work in Pennsylvania, Delaware and West Virginia communities can be found on X at @EROPhiladelphia.
