Blue State, ICE Fight to Release Illegal Immigrants Amid Crime Concerns

Immigration and Customs Enforcement criticized a Massachusetts court for freeing an illegal immigrant accused of raping a child, scrutinizing the blue state’s sanctuary policies amid a wave of migrant crime problems in across the United States.

Maynor Francisco Hernandez-Rodas, a 38-year-old Guatemalan national, was charged in June with aggravated rape of a child by force, but he was released after a local court “refused” to detain him. ICE, the agency said in a statement. released earlier this month.

ICE said Middlesex County “ignored the ERO Boston immigration detainer and released Hernandez” on an unknown date before ICE took him into custody on September 20.

“Maynor Francisco Hernandez-Rodas is accused of horrific crimes against a child in Massachusetts,” Patricia H. Hyde, acting director of the Boston Field Office of Enforcement and Removal Operations (ERO), said in a statement. “He poses a significant danger to the children of our community that we will not tolerate. ERO Boston will continue to prioritize public safety by stopping and eliminating blatant threats from non-citizens in our New England neighborhoods. “

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ERO Boston agents arrested Maynor Francisco Hernandez-Rodas on September 20 in Lowell, Massachusetts.

Alfonso Aguilar, president of the Latino Partnership for Conservative Principles and former head of the U.S. Citizenship Office in the George W. Bush administration, told Fox News Digital that the incident highlights the fact that the state is “doing putting ideology ahead of what is best for its citizens.” “

“It is often the case that an individual applies for release and then reoffends – which is preventable,” he said. “It follows a radical ideology.”

“Some argue that in order to build trust with the community, it’s better to not respect ICE detainees, but that’s ridiculous,” he said. “How do you build trust with the community when you release a violent criminal into the community? That makes absolutely no sense.”

Inmate Conflicts in Massachusetts

The history of ICE detainees in the Bay State stems from the Massachusetts Supreme Judicial Court’s 2017 rule in Lunn v. Commonwealth.

The rule states that Massachusetts courts do not have the authority “to arrest and detain an individual solely on the basis of a federal civil immigration detainer, beyond the period of time that the individual would have otherwise the right to be released from the custody of the State.”

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Massachusetts Gov. Maura Healey examines Army cots set up on the gymnasium floor as officials toured the Melnea A. Cass Recreation Complex, which was serving as an emergency shelter for migrants. (Getty Images)

Democratic Gov. Maura Healey, who was state attorney general in 2017, praised the decision in a statement at the time, saying it was a “victory for the rule of law and policies intelligent immigration and criminal justice policies, as well as a rejection of anti-immigration policies. -immigration policies that have stoked fear in communities across the country. »

Aguilar said Healey’s earlier statement “disregards the rule of law” and “protects illegal immigrants” over community members.

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“This guy committed a very heinous crime, and he was accused of committing a heinous crime, and he should be arrested and deported,” he said. “And this idea that the courts should not cooperate with federal authorities is ridiculous.”

“I don’t see how this is a victory for the rule of law, but Massachusetts is known for having a very aggressive advocacy community and strong ties to Democratic politicians,” he said.

A Central American migrant family crosses the US-Mexico border from Tijuana, in the state of Baja California, Mexico, into the United States. (GUILLERMO ARIAS/AFP via Getty Images)

The immigration expert said that by promising to protect migrants in the state, authorities have simultaneously pledged to defend criminals.

By protecting every illegal immigrant, they are committed to defending the most serious criminals as well.

— Alfonso Aguilar, Latino Partnership for Conservative Principles

“By protecting every illegal immigrant, they are committed to defending the most serious criminals as well,” Aguilar said. “With the arrival of so many migrants over the past three years, serious crime – murders, violent crime, gun violence – has increased.”

“So Massachusetts is saying to its citizens, ‘We’re not going to protect you, you’re on your own,'” he said. “It’s scary.”

The 2017 court ruling transformed Massachusetts into “a safe haven for illegal criminal immigrants who know they can be arrested, released and escape deportation,” Massachusetts Republican Party Chair Amy Carnevale told Fox News Digital. “If someone is in the country illegally – whether they crossed the border illegally or skipped a court date – it is logical to expect that person to come back for trial after been released.

“In what other country can an illegal immigrant, accused of aggravated rape of a child, be brought to court and then released on bail, without cooperating with immigration authorities? This decision endangers the safety of citizens and with each day that passes without the intervention of the legislative branch, our communities are even more threatened. Lawmakers must act now to protect our communities by requiring the courts to honor ICE detainees. This isn’t about partisanship, it’s about protecting our neighborhoods and doing what’s right for the people of Massachusetts.

Immigration and the 2024 elections

Immigration was a major issue during election season, with former President Trump promising “the largest domestic deportation operation in American history” if elected.

“We had the most secure border in the history of the United States. Today we have the worst border in the history of the world,” Trump said at a campaign rally in Iowa in September 2023 “Following Eisenhower’s model, we will carry out the largest domestic deportation operation in American history.

Vice President Kamala Harris has acknowledged that the United States has a broken immigration system and has placed her support in favor of border security and a legal path to citizenship.

“We can create an earned path to citizenship and secure our border,” Harris said at the Democratic National Convention in August. “I will bring back the bipartisan border security bill that (Trump) killed, and I will sign it.”

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Former President Trump and Vice President Harris speak at Univision Town Hall. (Screenshots/Univision)

Aguilar said that for the federal government to force states like Massachusetts to enforce ICE detainers, they would need to “clarify that federal immigration is a federal matter.”

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ICE criticized a Massachusetts court for refusing to honor a detainer. (Collection Smith/Gado/Getty Images)

“If federal immigration is a federal matter, then state law and law enforcement should comply with federal measures to detain illegal immigrants,” he said. “And I think that’s how the federal government and the new Trump administration should respond. Inmates are going to play a key role, so you want to make sure local law enforcement is working together.”

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Fox News Digital has reached out to ICE and Governor Healey’s office for comment.