Republicans in Massachusetts want a ruling that has allowed alleged criminal illegal immigrants to be released from custody to be overturned, after a man accused of raping an eight-year-old girl was allowed back into the community.
Maynor Francisco Hernandez-Rodas, a 38-year-old Guatemalan national, was charged in June with aggravated forcible rape of a child, but was released despite an immigration detainer from Immigration and Customs Enforcement (ICE).
The department’s Enforcement and Removal Operations (ERO) officers then detained Hernandez-Rodas on Sept. 20, saying he posed a significant threat to the community.
Courts in Massachusetts do not have to enforce ICE detainers, after a ruling in 2017 by the state’s highest court that was meant to tackle “anti-immigrant policies” during the early days of the Trump administration. Maura Healey, then the state attorney general, said in a statement at the time that the ruling would protect residents from illegal detention.
In this July 8, 2019, file photo, a U.S. Immigration and Customs Enforcement (ICE) officers transfer a man in handcuffs and ankle cuffs onto a van during an operation in Escondido, Calif. The department often issues detainers for illegal immigrants accused of crimes by local law enforcement.
AP Photo/Gregory Bull, File
ICE has recently arrested a number of illegal immigrant suspected of committing violent crimes in the state, including some accused of sexually abusing children. Now the Massachusetts GOP says it’s past time the 2017 ruling is overturned.
“Instances of illegal immigrants being charged with heinous crimes, arrested, and released because ICE detainers are ignored under our state’s sanctuary philosophy have become far too common,” Amy Carnevale, Massachusetts Republican Party Chair, told Newsweek in an emailed statement.
“Not allowing courts to recognize ICE detainers puts the safety of residents at risk and enables dangerous predators to hide within our communities.”
Newsweek reached out to ICE for comment on the situation in Massachusetts via email Monday morning.
In September, some of those arrested in a multi-day operation carried out by ICE in Nantucket had previously been arrested by local law enforcement and released. At least two had previously been deported or voluntarily left the U.S. for breaking immigration or local laws.
In the 2023 fiscal year, the state did honor 2,373 ICE detainers, the highest on record, but other recent ICE arrests highlighted individuals who were out on release after charges from local law enforcement months earlier.
ICE says that its detainers are meant to be a way to minimize re-offending by illegal immigrants. They often allow immigration officials to step in and initiate removal proceedings once local law enforcement or courts are finished with an individual.
A migrant with a detainer should be held for up to 48 hours longer to allow ICE officers to arrive and take custody of them. However, because immigration enforcement is generally a civil rather than criminal matter, this leads to a grey area over whether there is probable cause to hold an individual, whatever their alleged local crime may be.
The 2017 ruling, supported by various immigration and legal groups at the time, was viewed by attorney general Healey, a Democrat, as making a clear statement about local authority over federal powers.
“This should not be a partisan issue—it’s about protecting our neighborhoods,” Carnevale, the state GOP chair, added. “It’s time for the legislature to take action, do the right thing for residents, and require courts to honor ICE detainers to keep our communities safe.”
Newsweek reached out to the Massachusetts Democratic Party for comment via its website Monday morning.
