The department said Maine is one of about twelve states that allow non-citizen residents to work in law enforcement.
Ice's statement said Evans legally arrived in the United States through Miami International Airport on September 24, 2023, but a week later, on October 1, 2023, failed to board his flight to Jamaica.
His attempt to buy guns triggered an alarm with agents of alcohol, tobacco, guns and explosives, who worked with the ICE to conduct the arrest.
“Jon Luke Evans not only violates U.S. immigration laws, but he also illegally attempts to buy guns,” Patricia H. Hyde, ICE acting field office director for the Boston law enforcement and evacuation operations, said in a statement.
“It's shocking that Evans was hired as a local law enforcement officer,” Hyde's statement said. “The fact that the police department will hire illegal aliens and illegally issue guns to him while on duty would be ridiculous, if it wasn't that miserable.”
“We have a police department that intends to violate the law they are accused of enforcing to hire illegal foreigners,” Hyde's statement continued. “The Boston ICE will continue to prioritize public safety by arresting and eliminating criminal foreign threats in our New England community.”
Elise Chard, police chief of Old Orchard Beach, issued a statement that said when the department hired Evans on May 12 to verify and approve Evans’ mandate to work in the United States.
“Evans was not allowed to begin serving as a reserve officer until Homeland Security verified his identity,” Chad's statement said.
“Notifying the police department was legally allowed to work in the United States, his I-766 employment authorization document did not expire until March 2030,” Chad said.
Chad's statement said the department did not formally inform Evans of his detention and was only informed of this when the ICE issued a press release.
“The Old Orchard Beach Police Department takes its legal responsibilities very seriously and is very careful to comply with the laws we are going to enforce,” Chad said. “In hiring Evans, our department and our community rely on the Department of Homeland Security's electronic verification program to ensure we meet our obligations, and we are frustrated and deeply concerned about this obvious mistake by the federal government.”
Chad said the police department intends to investigate the matter: “Determine other steps we should take to ensure we continue to comply with all applicable laws.”
According to Chard's statement, this is the standard recruitment process for the new employee department that can complete the I-9 federal immigration and job authorization form.
“As part of the recruitment process, the town reviewed various forms of identity verification, including photo ID cards, and submitted Evans' I-9 form to the Department of Homeland Security's electronic Worry Program,” Chad statement said. “The Department of Homeland Security then confirmed Evans' right to work in the United States.”
Chad said that under the law, Maine allows people authorized by law to work in law enforcement.
According to Chard's statement, at Old Orchard Beach, the Reserve Police are part-time, and seasonal employees must meet the same background check, pass the same physical agility test, and receive the same medical assessment as the full-time police officer.
Reserve officers patrol beaches and communities. Chard's statement said they were trained and fired firearms were not allowed to be brought home by their department.
“Reservists are not required and they are not allowed to buy or carry any other guns to perform their duties,” Chad said.
Chad said Evans passed all physical, medical and background checks, approved by the Department of Homeland Security, and was trained before deployment.
Chad said Evans's probation employment status is now under review and “a thorough internal review of the facts and circumstances will be conducted.”
Tonya Alanez can be contacted at tonya.alanez@globe.com. Follow her @talanez.