In Massachusetts, there’s a push from Republican lawmakers to reverse a ruling that permits the release of undocumented immigrants accused of crimes, following a concerning case where a man charged with raping an eight-year-old girl was permitted to return to the community.
Maynor Francisco Hernandez-Rodas, a 38-year-old from Guatemala, was charged with aggravated forcible rape in June but was released despite an immigration detainer from ICE. It wasn’t until September 20 that ICE officers detained him, citing a significant threat to public safety.
A 2017 decision by Massachusetts’ highest court made it so local courts are not required to enforce these ICE detainers, a move aimed at protecting residents from what were seen as “anti-immigrant policies” during the Trump presidency. Former state attorney general Maura Healey backed this ruling, highlighting the need to safeguard against unlawful detentions.
AP Photo/Gregory Bull, File
ICE has been stepping up arrests of undocumented immigrants linked to violent crimes, including child sexual abuse. The Massachusetts GOP argues it’s time to reconsider the 2017 ruling to enhance community safety. They contend that not recognizing ICE detainers poses risks, allowing dangerous individuals to remain in local areas.
In a recent operation on Nantucket, several individuals arrested had previous run-ins with local law enforcement yet were released. Notably, two had prior deportations or had left the country voluntarily due to immigration infractions.
During the 2023 fiscal year, Massachusetts honored 2,373 ICE detainers, the highest number recorded. However, recent arrests have raised concerns about individuals who were released after facing local charges.
ICE’s aim with detainers is to prevent repeat offenses by allowing immigration authorities to initiate removal proceedings after local law enforcement concludes their actions. Individuals with a detainer should ideally be held for an additional 48 hours to allow ICE to take custody, though this often creates a legal gray area regarding the justification for their continued detention.
Healey’s 2017 ruling gained support from various advocacy groups, emphasizing local control over federal immigration policies. State GOP chair Carnevale remarked that this issue shouldn’t be partisan but rather about neighborhood safety. He urged the legislature to take action to ensure that ICE detainers are honored to protect residents.