ICE arrests Guatemalan national in Boston charged with child rape.
But the Democrats keep telling us there’s nothing to worry about.
At a Glance
- Jose Fernando-Perez, an illegal immigrant from Guatemala, was arrested by ICE in Framingham, Massachusetts
- He is charged with multiple counts of forcible and aggravated rape of a child
- Fernando-Perez was released by Essex County Superior Court despite an ICE detainer
- The case underscores conflicts between federal immigration policies and local judicial decisions
- Massachusetts law prohibits court officers from assisting ICE in detaining individuals on civil immigration detainers
ICE Apprehends Guatemalan National on Serious Charges
U.S. Immigration and Customs Enforcement (ICE) agents arrested Jose Fernando-Perez, a Guatemalan national, in Framingham, Massachusetts, on February 2. Fernando-Perez faces grave accusations, including three counts of forcible rape of a child and three counts of aggravated rape of a child. The arrest highlights the ongoing challenges in managing immigration law enforcement, particularly in areas where local and federal priorities may diverge.
Patricia H. Hyde, ICE’s Boston Acting Field Office Director, emphasized the agency’s commitment to public safety.
“Jose Fernando-Perez has been charged with some horrific crimes against a minor in our commonwealth. He is exactly the type of alien we are targeting with our ‘worst first’ policy. He posed a significant danger to the children of Massachusetts, and we will not tolerate such a threat to our community. ICE Boston will continue to prioritize the safety of our public by arresting and removing egregious alien offenders from our New England communities,” Hyde said.
Fernando-Perez’s case is complicated by his illegal entry into the United States at an unknown time and location, without inspection or admission by immigration officials. His legal troubles in the U.S. date back to 2005 when he was arraigned for leaving the scene of an accident and attaching inaccurate license plates, resulting in a conviction in 2012.
“In order to comply with Massachusetts law, court officers are prohibited from assisting or interfering with ICE agents in executing their obligations under Federal law. That means that a court officer will not interfere with ICE arresting an individual who has been released. On the other hand, court officers are prohibited from keeping a released individual in custody awaiting an ICE agent. Massachusetts Court officials do not have the authority to hold an individual in custody solely on the basis of a Federal Civil Immigration Detainer,” a Massachusetts Trial Court spokesperson explained.
In April 2022, Fernando-Perez faced arraignment for rape of a child by force, but the case was dismissed due to a superior court indictment. ICE subsequently lodged an immigration detainer against him in May 2022 with the Essex County House of Correction. Despite this detainer, the Essex County Superior Court released Fernando-Perez on pre-trial conditions in October 2022, showcasing the tension between federal immigration policies and local judicial decisions.
The Fernando-Perez case exemplifies the complexities of immigration law enforcement in jurisdictions like Massachusetts. State law prohibits court officers from assisting ICE in detaining individuals solely on federal civil immigration detainers, creating a potential conflict with federal immigration enforcement efforts. This legal framework can lead to situations where individuals like Fernando-Perez, despite serious criminal charges and immigration violations, may be released back into the community.
Following his arrest, ICE officers served Fernando-Perez with a notice to appear before a Department of Justice immigration judge. He currently remains in ICE custody, awaiting further legal proceedings. The case continues to raise questions about the balance between local judicial autonomy and federal immigration enforcement priorities, particularly in cases involving serious criminal allegations.
Hopefully Trump can bring an end to this evil.
