A judge has set bail for the undocumented migrant accused of forcibly raping a 15-year-old in Albany. However, he may not get out of jail as federal agents review his immigration status.

Sakir Akkan, 21, appeared in Albany City Criminal Court on Thursday with his attorney George LaMarche and a Turkish interpreter.

Akkan agreed to waive a preliminary hearing and to move the case over to Albany County Court for possible grand jury action.

Judge John Reilly set bail at $25,000 cash, $50,000 bond or $75,000 partially secured bond.

LaMarche said afterward that as he understands it, federal officials are seeking to hold him to review his immigration status.

“Even if he were to post bail, because of that federal hold, he’s not getting out at this time,” he said.

LaMarche said he could not comment on the details of the case itself because he had just been retained Thursday.

Republicans have made an issue of Akkan being the latest undocumented migrant being accused of a crime.

Albany County Legislature Deputy Minority Leader Paul Burgdorf was in court and commented on the case afterward.

“I think what we’re witnessing today is the result of an open border, a sanctuary city policy by the city of Albany and a total breakdown of our bail laws in New York state,” he said.

Burgdorf said Albany County is now home to a thousand migrants.

Some people have criticized the police for not releasing a press release on Akkan’s arrest. Police Chief Eric Hawkins said Wednesday that the department does not issue releases on sexual assault arrests to spare the victim’s from further trauma.

Burgdorf accused city leaders of downplaying the arrest.

“It does not fit their narrative that there may be danger to the public from violent, illegal aliens,” he said.