ICE agents in Boston twice had to arrest an undocumented Brazilian immigrant charged with rape and extortion because of Massachusetts' sanctuary policy.
According to an ICE statement released last week, Operation Boston Enforcement and Removal authorities arrested 29-year-old Agnardo Moreira da Cruz for the second time in December.
This comes after authorities in Barnstable County, Cape Cod, Massachusetts, twice ignored ICE's requests to detain Moreira da Cruz.
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June 2, 2022: ICE agents conduct enforcement operations in the interior of the United States. (Immigration/Immigration Residency Control and Customs Enforcement)
According to a statement from ICE, the Barnstable County Superior Court not only ignored the detainee's request, but also refused to return Moreira da Cruz to ICE through a writ of “habeas corpus'' and violated the terms of its own agreement. It is said that there was a violation.
Moreira da Cruz was first arrested by Yarmouth police in August 2023. He will be arraigned in December 2023 at the Barnstable County Correctional Facility operated by the Barnstable Sheriff's Office until his release on June 18, 2024, despite ICE detainees' opposition to him. was detained.
ICE tracked down Moreira da Cruz several months later and arrested him on October 16th, but had to turn him over again to Barnstable Superior Court on November 27th after receiving a petition for a writ of habeas corpus. Ta. Courts then ignored and released ICE detainees. December 5th.
Moreira da Cruz is charged with a series of violent felonies, including rape and extortion with threats of bodily harm.
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This division map shows Massachusetts Governor Maura Healey and a group of immigrants at the southern border. (Qian Weizhong/VCG via Getty Images and Jessica Rinaldi/The Boston Globe via Getty Images)
“This is someone we do not want to release into society, but twice now our detainees have been ignored,” ICE said. “These decisions repeatedly put Massachusetts residents at risk of being victimized by an alleged dangerous criminal.”
Asked why ICE detainees were not respected, a Massachusetts court spokesperson sent Fox News Digital a copy of the policy the court followed. The policy is based on precedent set by the 2017 Massachusetts Supreme Judicial Court decision, Lunn v. Johnson. Commonwealth. “
This policy states that trial court officials do not have the authority to detain individuals solely on the basis of ICE detainer status, and that immigrants subject to these requests are subject to “all other individuals appearing before the court in processing.'' shall be processed and handled in the same manner as it is processed.” Processed. ”
The policy also states that court officials and staff may not “call or otherwise initiate any communication with ICE officials” to inform them that an immigrant is in court custody; It also states that “ICE officers are not authorized to detain individuals pursuant to law.” Civilian immigration detainee in court. ”
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On Thursday, September 8, 2022, Immigration and Customs Enforcement agents raided a home in Los Angeles, California in an effort to apprehend an illegal immigrant with a criminal record. (Irrfan Khan/Los Angeles Times via Getty Images)
Barnstable Sheriff Donna Buckley told FOX News Digital that Lunn v. Commonwealth “allows state and local law enforcement to detain people for longer than they should have, just because they are in ICE custody.” It is illegal to arrest or detain anyone.” There is a right to be released from state custody. ”
“Massachusetts sheriffs operate within federal, state and local laws and regulations,” Buckley said. “As such, sheriffs are obligated to follow federal law and therefore cannot detain an individual based solely on an ICE detention request unless the incarcerated individual is subject to a separate judicially issued detention order. ”
“Sheriffs don't make the laws. Sheriffs enforce the laws,” she added.
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Massachusetts Governor Maura Healey said the state's shelter space is at capacity. (AP Photo/Steve LeBlanc)
Meanwhile, Andrew Arthur, a former immigration judge and law 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 is important to note that it does not necessarily have the final say.” words. “
“Immigration is the ultimate federal issue,” Arthur said. “When the state intervenes in the process, it really enters an area in which it has no expertise, based on anecdotes and speculation.”
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He noted that state and local governments receive billions of dollars in federal funds each year, which may depend on compliance with federal immigration authorities.
“On the one hand, they are demanding money from the federal government, and on the other hand, they are telling the federal government that they will not cooperate with important government tasks,” he said. ”Congress may impose any conditions it desires on funding at any time, and such conditions are reasonable for Congress to impose. ”
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Arthur said he expects the Trump administration and incoming border czar Tom Homan to move quickly to get Congress to enact such a provision.
“The biggest problem with this is that it puts ICE enforcement officers and deportation officers at great risk, because instead of detaining criminals in a secure location, a local jail or state prison, police actually 'They have to find the person at home and that puts their life at risk,' he explained. “It is also important to note that this is a community safety issue.”
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“If we really want to keep our streets safe, the best way to do that is to take criminals off the streets. And in fact, that's what needs to happen, and I predict we'll see a movement.” ” he continued. To make that happen, especially under the second Trump administration. ”
Despite the actions of Barnstable County authorities, Moreira da Cruz is currently in ICE custody pending immigration and criminal proceedings.
