The debate surrounding immigration and crime is often fraught with misinformation and politically charged rhetoric. Recently, Tom Homan, the former ‘border czar’ under the Trump administration, made a claim that Massachusetts law enforcement, specifically Boston Police Commissioner Michael Cox, was releasing immigrants charged with violent crimes back into the community. This assertion, made at the Conservative Political Action Conference, sparked considerable controversy and prompted a closer examination of the facts.
This article will delve into the accuracy of Homan’s claims, examining the intricacies of Massachusetts law, the role of Immigration and Customs Enforcement (ICE), and the bail system in the state. By analyzing available data and expert opinions, we aim to provide a clear and objective understanding of the situation, separating fact from fiction in this complex issue. We will explore the legal framework that governs the interaction between local law enforcement and federal immigration authorities, and to see if violent criminals are really being released by Cox or other law enforcement.
We will address the following questions: What does Massachusetts law say about detaining immigrants? How does the bail system work, and does it adequately address public safety concerns? What are the perspectives of law enforcement officials, attorneys, and legal analysts on this issue?
Massachusetts Law and ICE Detainers
Massachusetts has specific laws in place that limit the ability of local law enforcement to cooperate with ICE. The most significant of these is the 2017 Massachusetts Supreme Judicial Court ruling in Lunn v. Commonwealth. This ruling established that Massachusetts court officers do not have the authority to arrest and hold an individual solely on the basis of a federal civil immigration detainer, beyond the time that the individual would otherwise be entitled to be released from state custody.
In simpler terms, this means that if a person is arrested for a state crime and is otherwise eligible for release on bail or because their charges were dropped, Massachusetts law enforcement cannot continue to hold them simply because ICE has requested their detention. This law is intended to protect individuals from being detained without due process based solely on their immigration status.
Sheriff’s departments are unable to hold someone after they post bail, even if they are wanted by ICE. Sheriffs who want to cooperate with ICE say their hands are tied. “It’s very frustrating for me to know I might have a drug trafficker or a violent offender, I call ICE and they’re like, we’re very busy with a couple situations, I can’t get there for a few hours. I can’t hold them right now,” said Worcester County Sheriff Lewis Evangelidis.
This legal constraint has led to frustration among some law enforcement officials who believe it hinders their ability to cooperate with federal immigration authorities and potentially allows dangerous individuals to be released back into the community. However, supporters of the law argue that it upholds fundamental principles of due process and protects individuals from unlawful detention.
The Role of ICE in Massachusetts
Immigration and Customs Enforcement (ICE) is the federal agency responsible for enforcing immigration laws within the United States. In Massachusetts, as in other states, ICE has the authority to detain and deport individuals who are in violation of federal immigration laws. However, as discussed above, Massachusetts law places certain restrictions on the extent to which local law enforcement can assist ICE in these efforts.
While Massachusetts law limits cooperation with ICE detainers, ICE maintains a presence in the state and continues to conduct its own enforcement activities. This includes arresting individuals with outstanding deportation orders, those who have re-entered the country illegally after being deported, and those who pose a threat to national security or public safety.
At the same time, Evangelidis says his jail has seen an increase in ICE detainers placed on inmates. “We’ve seen the detainers triple in the last three years. We were in the 30s a couple years ago. We exceeded 100 in 2024. To me, that means there are more people illegally in the Commonwealth committing crimes,” he said.
There are differing perspectives on ICE’s role in Massachusetts. Some argue that ICE’s enforcement activities are essential for maintaining public safety and upholding the law, while others contend that they lead to the separation of families and the erosion of trust between immigrant communities and law enforcement.
Bail Decisions and Public Safety
The bail system in Massachusetts, like in other states, is designed to ensure that individuals accused of crimes appear in court for their scheduled hearings. When a person is arrested, a judge or bail commissioner sets a bail amount that the defendant must pay in order to be released from custody pending trial. The amount of bail is determined based on a variety of factors, including the severity of the crime, the defendant’s criminal history, and their ties to the community.
Critics argue that the current bail system does not adequately consider the risk that a defendant may pose to public safety if released. They point to cases where individuals charged with serious crimes, including violent offenses, have been released on bail and subsequently committed further crimes. This has led to calls for reforms to the bail system that would allow judges to consider public safety concerns more explicitly when setting bail amounts.
Take Jose Fernando-Perez, who was arrested by ICE in Framingham in February. According to an ICE press release, the Essex County Superior Court in Salem arraigned him on three counts of rape of a child by force and three counts of aggravated rape of a child in August, 2022. WBZ called the court and found that he posted a $7500 bail and was released with an order to stay in his home in October, 2022.
Attorney Jennifer Roman, a WBZ legal analyst, says detention all the way until trial is reserved for the most severe cases. “They’re primary focus is to ensure the safety of the public while minimizing the restraints or constraints on the defendant,” Roman said.
Cases of Immigrants Released on Bail
In recent months, there have been several high-profile cases in Massachusetts involving immigrants charged with violent crimes who were released on bail and subsequently arrested by ICE. These cases have fueled the debate over immigration enforcement and public safety, with some arguing that they demonstrate the need for stricter immigration laws and greater cooperation between local and federal authorities.
Tom Homan said he specifically counted “9 child rapists that were in jail in Massachusetts,” that were released into the community before they were arrested by ICE. WBZ decided to take a deeper look at the bail for some of those cases.
Stivenson Omar Perez-Ajtzalan was arraigned in Lawrence District Court arraigned Perez Dec. 20, 2024, on felony charges of aggravated rape of a child with a ten-year age difference, according to an ICE press release. WBZ learned that he posted his $7500 bail and was released with a GPS monitoring device. He was arrested by ICE in January.
Juan Alberto Rodezno-Marin was arraigned in Middlesex Superior Court in March, 2023 for indecent assault and battery in a person over 15, assault and battery with a dangerous weapon, masked armed robbery, and assault to rape. He was released on personal recognizance with a GPS monitoring device in December 2024 and arrested by ICE in January.
Perspectives on the Issue
The issue of immigrants charged with violent crimes being released on bail in Massachusetts has elicited a wide range of perspectives from various stakeholders. Law enforcement officials, attorneys, legal analysts, and community advocates all have different views on the matter, reflecting the complex and multifaceted nature of the issue.
Stephen Roth, a criminal defense and immigration attorney, says these bails are set by judges to reasonably assure someone reappears in court, not to ensure someone remains in custody. “There’s this list of criteria that they go through to determine if bail should be set and immigration status is not one of those categories,” Roth said.
Prosecutors may also request a dangerousness hearing to keep a defendant behind bars. WBZ learned that Jose Fernando-Perez and Juan Alberto Rodezno-Marin both had dangerousness hearings and served some jail time before being released from court on conditions. Stivenson Omar Perez-Ajtzalan, only 19 years old, did not have a dangerousness hearing.
It also asks judges to take immigration status into consideration when setting bail. “I think immigration is a big factor in whether people are going to voluntarily come back to court,” Evangelidis said.
Proposed Solutions and Reforms
In response to concerns about public safety and the release of immigrants charged with violent crimes, various solutions and reforms have been proposed in Massachusetts. These proposals range from legislative changes to modifications in law enforcement practices and judicial procedures.
Evangelidis now filed by two Republican state lawmakers which would allow him to hold inmates wanted by ICE for an additional 36 hours.
Some have called for amendments to Massachusetts law to allow local law enforcement to cooperate more fully with ICE, including the ability to detain individuals based solely on immigration detainers. Others have advocated for reforms to the bail system that would allow judges to consider public safety concerns more explicitly when setting bail amounts.
There are also proposals to increase funding for immigration legal services, ensuring that immigrants have access to competent legal representation in deportation proceedings. This is seen as a way to protect the rights of immigrants and ensure that they receive due process under the law.
Conclusion
The question of whether Massachusetts is releasing immigrants charged with violent crimes is a complex one, with no easy answers. While it is true that Massachusetts law limits the ability of local law enforcement to cooperate with ICE detainers, this does not mean that the state is intentionally releasing dangerous criminals back into the community.
The bail system, while designed to ensure that defendants appear in court, has been criticized for not adequately considering public safety concerns. The cases of immigrants charged with violent crimes who have been released on bail have highlighted the need for reforms to the bail system that would allow judges to consider the potential risk that a defendant may pose to the community.
Ultimately, addressing this issue requires a comprehensive approach that takes into account the rights of immigrants, the need for public safety, and the complexities of the legal system. By engaging in informed and respectful dialogue, and by considering a range of perspectives, it may be possible to find solutions that balance these competing interests and promote a more just and equitable society.
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