An armed guard working under the auspices of the Department of Homeland Security was indicted Monday for an alleged sexual assault of an asylum seeker in a federal tax court office in New York City’s Jacob K. Javits building, according to U.S. prosecutors.
Jimmy Solano-Arias, 42, was charged in Manhattan federal court with deprivation of constitutional rights under color of law involving kidnapping and aggravated sexual abuse, according to a criminal complaint. Solano-Arias, of the Bronx, is accused of forcing the migrant, a man waiting to file an asylum application, to perform oral sex on him in a locked office at the Javits Federal Building on May 4, prosecutors said.
Solano-Arias worked for a company that provides security for the Department of Homeland Security at the federal building, the complaint said. Several federal agencies are housed in the Javits building, including the FBI.
The constitutional rights charge against Solano-Arias carries a potential penalty of a maximum sentence of life in prison. Solano-Arias lost his job after he was arrested on May 5, a day after the alleged attack.
The security guard was responsible for keeping federal workers and visitors safe in the federal building, said U.S. Attorney Damian Williams for the Southern District of New York. But Solano-Arias “instead used his uniform and firearm to force a vulnerable individual who was seeking asylum to perform oral sex on him,” Williams said.
The incident comes as New York City struggles to find accommodations for thousands of migrants and on the same day Mayor Eric Adams announced a multiyear partnership to house them in places of worship and faith-based centers across the city. A city official reportedly said only a fraction of the more than 70,000 migrants who’ve arrived in New York City since last spring have formally applied for asylum.
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Armed guard led the migrant who was seeking asylum into a locked office
Prosecutors said the victim who went to the federal building to apply for asylum was standing in line when Solano-Arias approached him. The security guard spoke in Spanish to the man, who speaks little English, about the reason he was there by himself or with family, according to the criminal complaint.
Solano-Arias told the man he could help him with his paperwork and took him to an office on the 12th floor, where the victim waited.
The man left and on his way to the elevators, Solano-Arias approached him again and asked him if he needed any more help, according to the complaint. When the victim said yes, “Solano-Arias then used a key to unlock an office within the United States Tax Court Offices, and directed the Victim inside,” according to a federal complaint.
Once there, he ordered the victim to perform oral sex, the complaint said. Although the man initially resisted, he feared for his life after he noticed that Solano-Arias had a hand on his firearm.
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Victim records a short video of armed guard to give to authorities
Afterward, Solano-Arias told the victim to wait in the office until the hallway was clear, and the man managed to record a brief video on his cellphone of Solano-Arias, the complaint said.
Meanwhile, another guard saw them and asked the asylum seeker what he was doing there, according to the complaint. Solano-Arias “then proceeded to scold the victim for being in that area of the building,” even though he guard bought him there, the complaint said.
The man reported the incident to authorities and identified Solano-Arias in a six-picture photo array, according to the complaint. In a video-recorded interview with federal agents, Solano-Arias admitted that the asylum seeker performed oral sex but claimed the act was consensual.
Solano-Arias was arrested and is out on bond. FBI Assistant Director in Charge Michael J. Driscoll said in a statement the ex-guard will have his day in court.
“He violated the victim’s constitutional rights through forced sexual assault,” Driscoll said. “As today’s indictment should demonstrate, the FBI will never tolerate this type of activity, and Solano-Arias will be forced to face the consequences of his actions.”