Posted on: February 05, 2025 11:00 AM

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Illegal migrant cut loose in plea deal after raping sleeping woman but then the feds stepped in

An Ecuadorian migrant cut a deal with Queens prosecutors that allowed him to dodge jail time for rape — but he couldn’t outrun the feds.

Kail Cardenas, 27, was picked up in a US Department of Homeland Security raid in Jamaica Monday morning, less than a month after he was freed in the horrifying 2023 rape and sex abuse case, The Post has learned.

“DEANewYork continues, along with our @justicedept & other federal law enforcement partners, to assist @dhsgov with their immigration enforcement efforts targeting violent illegal criminals,” the New York division of the federal drug-busting agency said in a post on X.

Prosecutors later recovered Instagram messages between the victim and her attacker, in which he “stated that he saw [her] sleeping” and “began touching [her] body,” according to the complaint.

“He got an erection when he was touching her and then started having sex with [her],” the court doc states.

Cardenas was arrested and charged with first-degree rape and first-degree sexual assault.

He could have faced between five and 25 years behind bars if convicted of the top charge.

But Cardenas was allowed to plead guilty to a lesser third-degree rape charge as part of a deal that required him to complete one year of sex offender counseling — and would serve no jail time if he passed.

The charge was then knocked down to third-degree sexual abuse, a misdemeanor, authorities said.

Cardenas was sentenced on January 13 to time already served in jail and released — with the court issuing an order of protection for him to stay away from the victim, records show.

The free ride ended with Monday’s bust by a coalition of federal agencies, sources said.

It followed the mass arrests of accused illegal migrant criminals by federal officials across the Empire State last week.

DHS did not respond to a request for comment about Monday’s bust. DEA and ATF agents were on hand for the arrest.