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Blue state, ICE battle over releasing illegal immigrants amid crime concerns

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Immigration and Customs Enforcement officials have harshly criticized sanctuary policies in blue states and criticism from members of former President George W. Bush's administration accused of raping a child, amid growing concerns about immigrant crime across the country. He criticized a Massachusetts court that released illegal immigrants.

Mayor Francisco Hernandez-Rodas, a 38-year-old Guatemalan national, was charged in June with aggravated rape of a child by force, but was released after a district court “failed to respect” ICE's request for detention, authorities said. Announced. in release Early this month.

ICE said in a statement that Middlesex County “ignored ERO Boston immigration officials and released Mr. Hernandez” on an unspecified date before detaining Mr. Hernandez on September 20.

“Mayor Francisco Hernandez-Rodas is accused of horrific crimes against children in Massachusetts,” Patricia H. Hyde, acting ERO Boston field director, said in a statement. “He represents a grave danger to the children of our community, and we will not tolerate that. ERO Boston is committed to apprehending and removing this egregious unpatriotic threat from our New England neighborhoods. We continue to prioritize public safety.”

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ERO Boston officers arrested Mayor Francisco Hernandez-Rodas in Lowell, Massachusetts, on September 20th.

Alfonso Aguilar, director of Hispanic engagement at the American Principles Project and former director of the U.S. Office of Civil Rights in the George W. “It highlights that ideology is prioritized over what's best for people,” he said. . ”

“It is common for people to seek release and reoffend, but it is preventable.” “It follows a radical ideology.”

“Some people argue that it's better not to respect ICE detainees in order to build trust with the community, but that's ridiculous,” he says. “How do you build trust with the community when you release violent criminals into the community? It just doesn't make sense.”

Detainee Dispute in Massachusetts

The history of ICE detainers in the Bay State begins with a 2017 ruling by the Massachusetts Supreme Judicial Court. Lan vs. Federation.

The rule states that Massachusetts courts do not have the authority to “arrest and detain a person solely on the basis of federal civilian immigration detainer status for longer than the period for which the person is entitled to release from state custody.” said.

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As state and local officials toured the Melnea A. Cass Recreation Complex, Massachusetts Governor Maura Healey paused to gaze at a military cot on the gymnasium floor.

Massachusetts Governor Maura Healey looks at military cots on the floor of a gymnasium as officials tour the Melnea A. Cass Recreation Complex, which was used as an emergency migrant shelter. (Getty Images)

Democratic Gov. Maura Healey, who served as state attorney general in 2017, praised the ruling. in a statement It said at the time that it was “a victory for the rule of law, smart immigration policy, criminal justice policy, and a rejection of anti-immigrant policies that stoke fear in communities across the country.”

Aguilar said Healey's previous comments “ignore the rule of law” and “protect illegal immigrants” to local residents.

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“This man committed a very heinous crime. He has been charged with committing a heinous crime and he should be detained and removed.” “And this idea that courts shouldn't cooperate with federal authorities is ridiculous.”

“I don't know how this is a victory for the rule of law, but Massachusetts is known for having a very active advocacy community with strong ties to Democratic politicians,” he said. .

Immigrants crossing the US border

A Central American migrant family crosses the U.S.-Mexico border fence from Tijuana, Baja California, Mexico, to the United States. (Guillermo Arias/AFP via Getty Images)

Immigration experts said that by promising to protect immigrants in the state, authorities are also working to defend criminals.

They pledged to protect even the most serious criminals by holding up a shield to protect all illegal immigrants.

— Alfonso Aguilar, Latino Partnership for Conservative Principles

“By putting up a shield to protect each and every illegal immigrant, they made good on their promise to protect even the most serious criminals,” Aguilar said. “With so many immigrants arriving over the past three years, serious crimes like homicide, violent crime, and gun violence have all increased.”

“So Massachusetts is basically saying to the people, 'We're not going to protect you, you're on your own,'” he said. “That's scary.”

A 2017 legal ruling has made Massachusetts a “haven for criminal illegal immigrants who know they can be arrested, released and avoid deportation,” Massachusetts Republican Party Chairwoman Amy Carnevale told Fox News Digital. spoke. “When someone enters the country illegally, whether they crossed the border illegally or skipped a court date, it defies logic to expect them to return to court upon release.

“How else would an illegal immigrant charged with aggravated rape of a child be arraigned and then released on bail without cooperating with immigration authorities? This decision puts public safety at risk. Every day that passes without Congress in session will further threaten our communities.” Congress must act now to protect our communities by asking courts to protect the honor of ICE detainees. This is not a partisan issue, this is about protecting our neighborhoods and doing what's right for the people of Massachusetts. ”

Immigration and the 2024 election

Immigration has been a top issue during the election, with former President Trump promising “the largest domestic deportation operation in U.S. history” if elected.

“We had the most secure border in the history of the United States, and now we have the worst border in the history of the world,” President Trump said during a campaign stop in Iowa in September 2023. It is the largest domestic deportation operation in American history. ”

Vice President Kamala Harris acknowledged that the U.S. immigration system is broken and vowed to support border security and a legal path to citizenship.

“We can build a path to civil rights and secure our borders,” Harris said at the Democratic National Convention in August. “I will repeal the bipartisan border security bill. [Trump] If he is killed, he will sign it into law. ”

President Trump says if elected, he will launch “the largest internal deportation operation in American history”

Trump Harris University Town Hall

Former President Trump and Vice President Harris speak at Univision City Hall. (Screenshot/Univision)

Aguilar said that for the federal government to ask states like Massachusetts to crack down on ICE detainers, it would have to “make clear that federal immigration is a federal issue.”

For more information on the border security crisis, click here

U.S. Immigration and Customs Enforcement (ICE) Special Agent

ICE criticized the Massachusetts court for denying detainees honor. (Smith Collection/Gado/Getty Images)

He said, “If federal immigration is a federal issue, then the law and state law enforcement should follow federal detainers of illegal immigrants.” “And I think that's what the federal government and the new Trump administration should address. We want to make sure that local law enforcement is working together because detainees are going to be key.”

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

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