The student, 18-year-old Henry Sanchez-Milian, was arrested Thursday at Rockville High School in Rockville, Maryland, along with 17-year-old classmate Jose Montano. Both students are being charged as adults with first-degree rape and two counts each of committing a first-degree sexual offense, Montgomery County Police said.
Andrew Jezic, attorney for Sanchez-Milian, told CNN on Friday, his client will plead not guilty because "this was a pre-planned, consensual and non-forcible encounter."
"There were no scratches, no bruises. There was no hitting, there was no screaming, there was no running immediately to some sort of security officer," Jezic said.
Following Sanchez-Milian's arrest, ICE issued an immigration detainer, an order to local law enforcement to hold a suspect for a pending immigration review.
Jezic believes his client will be acquitted in a jury trial and plans to claim asylum for Sanchez-Milian following the criminal proceedings.
"My client and his brother fled gang violence in Guatemala," Jezic said.
The crime, which took place some 20 miles from the White House in a school district where many members of Congress and federal officials live, comes amid heightened scrutiny of undocumented immigrants. Last month, President Donald Trump directed the Department of Homeland Security to create an office tasked with focusing on crimes allegedly committed by undocumented immigrants
Asked about the story at a Tuesday briefing, White House press secretary Sean Spicer called the crime "horrendous and horrible and disgusting."
"I think part of the reason the president has made illegal immigration and crackdown such a big deal is because of tragedies like this," he said.
But school officials rejected the notion that the incident has national implications.
"While some would try to make this into a question and issue of immigration, what comes down here is we serve every student who walks through our door," said Jack R. Smith, superintendent of the Montgomery County Public Schools. "We are a public school system, and we serve all of our students when they come to us."
"People choose to do very bad things," Smith said at a Tuesday afternoon news conference. "Mostly, they don't choose to do them in schools, but sometimes they do. And that is horrible, it's unacceptable, its tragic, but schools -- relative to the rest of the world -- are among the most safe places we can be in our community. "
Spicer nonetheless called for a review of school guidelines.
"The President recognizes that education is a state-run and a local-run issue but I think it is -- it is cause for concern, what happened there. And I think that the city should look at its policies and I think that this is something that authorities are going to have to look at."
In his response, the press secretary also characterized the victim as a person who chose to come to America legally.
"This young woman, in particular, fought to come to this country legally because of the freedoms and the treasures of this nation," he said. "And to think that this kind of tragedy would occur to someone who's personally endured that kind of struggle to come to this nation and then face this is reprehensible."
On that point, however, Montgomery County Police Capt. James Humphries called the White House's narrative into question.
"I have no information that she is anything other than a US citizen," he said of the unnamed victim. "There's no information at all that she has any kind of immigrant status whatsoever."
Matthew Bourke, a spokesman for ICE, said Sanchez-Milian, a citizen of Guatemala, was stopped by a border patrol agent in Rio Grande Valley, Texas, in August 2016. Bourke said Sanchez-Milian was detained for 12 days before being placed with the Office of Refugee Resettlement, which reunited him with his family in Maryland.
Sanchez-Milian's attorney Jezic told CNN his client was held for 12 or 13 days by ICE, though he previously stated his client was held for four weeks. Jezic added that it took Sanchez-Milian eight days to get from Guatemala to the southern border in McAllen, Texas, where he encountered border patrol.
Jezic also confirmed that Sanchez-Milian's family paid for the Baltimore-bound flight from Texas.
At that time, the agent determined that Sanchez-Milian was in the United States illegally, having crossed over from Mexico without proper documentation. Sanchez-Milian was ordered to appear before an immigration judge. That hearing has yet to be scheduled.
"ICE fully vetted him. They determined that he wasn't a gang member and didn't have a criminal record in his country," Jezic told CNN. "He didn't have a criminal record here. He hadn't been deported before. He had no gang ties."
Bourke said such a delay in an immigration hearing was "not atypical" and that Sanchez-Milian had been free to travel in the interim.
"There are a lot of people waiting to see an immigration judge," he said.
According to the Transactional Records Access Clearinghouse at Syracuse University, more than half a million cases are pending in immigration courts across the United States.
ICE officials would not comment on Montano's citizenship, citing his age.
The alleged rape took place in a school bathroom on March 16.
According to the alleged victim, the younger of the two suspects solicited her for sex in a school hallway. When she refused, he forced her into a boy's bathroom. Both the suspects then allegedly raped her inside a bathroom stall.
Sanchez-Milian is due in court on April 14. Montano has a hearing scheduled for March 31.