The United States Immigration Service have said accused Cavan native Aisling McCarthy Brady will be deported from Boston regardless of the outcome of the case against her. She has been accused of the assault which caused the death of Rehma Sabir, the one-year-old baby she was caring for.

The County Cavan native had been living in the United States without a visa for the last ten years. She initially arrived on a 90-day vacation visa but failed to leave when her waiver expired.

McCarthy Brady also has a criminal record. In February 2007 she was accused of assaulting and beating a woman described as her roommate. She was arrested and the charges were later dismissed. The 34-year-old nanny also had two restraining orders filed against her, the latest in March 2012.

On Tuesday (January 22) McCarthy Brady pleaded not guilty to the assault charges against her. She is being held on $500,000 bail.

Read more: Court documents show Irish nanny in murdered Quincy baby case has violent past – VIDEO

McCarthy Brady phoned 911 on January 14, from the Sabir family’s Cambridge, MA, home. The baby was brought to hospital suffering from trauma consistent with severe shaking. Baby Sabir died two days after her first birthday, on January 16.

McCarthy Brady was arrested following the discovery of blood in the child’s bedroom. Prosecutors say she was the sole adult in contact with the baby when the injuries took place.

In court the prosecution also brought up the prior injuries to baby Sabir including the healed evidence of a broken leg, arm and compressed fractures to the back. The defense said the child has returned from a long trip with her parents recently and had been diagnosed with malnutrition.

The accused had worked as a nanny for 13 years. She had been working for the Sabir family for the past six months.

The Boston Globe reports that it is still unclear how the Sabir family came to hire the Cavan native.

However, a spokeswoman from the state Department of Children and Families said she “does not have a history” with the agency

McCarthy Brady had posted her profile on several child care websites including This site removed her profile on Tuesday, the day after baby Sabir was admitted to hospital.

A representative told the press, “Immediately upon learning of this situation, we removed Ms. Brady from the Sittercity network, terminated her membership, and notified members with whom she had ever communicated, even though she has not been active on Sittercity for nearly a year.”

The company also insists it conducts background checks but noted that McCarthy Brady had no criminal convictions in Massachusetts.

Betty Davis, the president and founder of In Search of Nanny, Inc, told CBS news, “It just sounds to me like this person wasn’t screened because supposedly there were some background [troubles] there and perhaps if they had done a background check it might have certainly shown up.”

McCarthy Brady court case will next be heard in February.

Ireland’s Deputy Prime Minister and Minister for Foreign Affairs Eamon Gilmore said consular services are available for the family. He told RTE, “We normally provide assistance if somebody finds themselves in this situation.

"Any Irish citizen who gets in difficulty like this the consular services of my department are available to them. The consular services are available in this case."

Here’s CBS’s report: