Blue county ignores ICE detainers against illegal immigrants accused of rape
Boston ICE agents arrested a Brazilian illegal immigrant accused of two counts of rape and extortion. Sanctuary policy in Massachusetts.
An ICE statement released last week said Boston Enforcement and Removal Operations officials arrested 29-year-old Agnaldo Moreira da Cruz for a second time in December.
It came after Barnstable County officials Massachusetts Cape Codtwice, ICE ignored detainer requests against Moreira da Cruz.
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June 2, 2022: ICE agents conduct a surveillance operation in the US interior. (Immigration and Customs Enforcement)
Barnstable County Superior Court not only ignored the detainers’ requests, but also violated the terms of their own plea agreement by refusing to return Moreira da Cruz to ICE after obtaining it, ICE said in a statement. “writ of habeas corpus”.
Moreira da Cruz was first arrested in August 2023 by Yarmouth police. He was arraigned in December 2023 and is being held at the Barnstable County Correctional Facility. Barnstable Sheriff’s OfficeUntil his release on June 18, 2024, despite having an ICE detainer against him.
ICE tracked down and arrested Moreira da Cruz a few months later on October 16, and had to extradite him back to Barnstable Superior Court on November 27 after receiving a habeas corpus petition. The court then ignored the ICE detainer and released him. on December 5.
Moreira da Cruz is charged with a number of violent crimes, including rape and extortion.
This breakdown shows Mass. Governor Maura Healey and a group of migrants at the southern border. (Qian Weizhong/VCG Getty Images and Jessica Rinaldi/The Boston Globe via Getty Images)
“This is not someone you want to release into the community, but twice now our detainees have been ignored,” ICE said. “These decisions have repeatedly put Massachusetts citizens at risk of being victimized by a dangerous criminal.”
A spokesperson for the Massachusetts Judicial Court sent Fox News Digital a copy of the court’s policy, which is based on precedent set by a 2017 Massachusetts Supreme Court decision, when asked why an ICE detainer is not being honored. “Lunn v. Commonwealth.”
The policy states that Judicial Court officers “do not have the authority to detain an individual based solely on ICE detainers” and that immigrants subject to these requirements “shall be processed and managed in the same manner that all other individuals appearing before the court are and are managed.”
The policy also states that no court officer or employee “may call or otherwise contact any ICE officer” to inform them that an immigrant is in court custody, and “no ICE officer is permitted to take custody of a warrant.” . civil immigration detainer in the courtroom.”
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Immigration and Customs Enforcement agents, seeking to arrest an illegal immigrant with a criminal record, raid a home in Los Angeles, California on Thursday, Sept. 8, 2022. (Irrfan Khan/Los Angeles Times via Getty Images)
Barnstable Sheriff Donna Buckley He told Fox News Digital that Lunn vs. The Commonwealth does so by saying that “it is illegal for state and local law enforcement agencies to arrest or detain people solely on the basis of an ICE detainer after the person would otherwise have the right to be. freed from state control”.
“Massachusetts sheriffs operate within the scope and parameters of federal, state and local laws and regulations,” Buckley said. “Thus, sheriffs must follow the laws of the Commonwealth, and therefore, ICE cannot detain an individual based on an arrest warrant alone unless the detainee is subject to separate arrest warrants issued by the court.”
“Sheriffs don’t make the law. Sheriffs enforce the law,” he said.
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Massachusetts Governor Maura Healey said the state has reached its limit on shelter space. (AP Photo/Steve LeBlanc)
Meanwhile, Andrew Arthur, a former immigration judge and legal and policy expert at the Center for Immigration Studies, told Fox News Digital that while Massachusetts courts have the final say in cases like this, “it’s important to note that it’s not necessarily the final word.”
“Immigration is the ultimate federal issue,” Arthur said. “When states intervene in this process, they’re really entering an area where they don’t have experience based on anecdotal and hypothetical.”
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He noted that states and localities receive billions of dollars in federal funding each year, which can depend on complying with federal immigration authorities.
“On the one hand, they demand money from the federal government, and on the other hand, they tell the federal government that they will not help them in the main task of the state.” ““Congress can always put whatever conditions they want on funding, and that’s a reasonable condition for them to meet.”
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L- The southern border of the United States R – President Trump (Getty Images)
Arthur said that he is waiting for the Trump administration and incoming frontier czar Tom Homan It will move quickly to compel Congress to implement such provisions.
“The biggest problem with this is that it puts ICE enforcement and removal officers in great jeopardy because instead of holding the criminal in a safe place, a local jail or a state prison, they have to actually go out on the street. They have to find that person in their home, and this puts their lives in danger,” he explained. “It’s also important to note that this is a community safety issue.”
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“If we really want to keep our streets safe,” he continued, “the best way to do that is to get criminals off the street. And really, that’s how it should be, and I expect you’ll see some movement. Especially in the second Trump administration to make that happen.”
Despite the actions of Barnstable County officials, Moreira da Cruz is currently in ICE custody, pending immigration and criminal proceedings.
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