Immigration

Local Authorities Released Illegal Immigrant Arrested On Assault Charge Back Into Community, ICE Says

U.S. Customs and Border Protection operations following the implementation of Title 42 USC 265 at the northern and southern land borders. U.S. Border Patrol agents use personal protective equipment as they prepare to transport a group of individuals encountered near Sasabe, Ariz. to the U.S. Mexico border on March 22, 2020. CBP Photo by Jerry Glaser

Immigration and Customs Enforcement (ICE) is criticizing local authorities in Massachusetts for allowing an illegal alien arrested for “egregious crimes” to be released back into the community, ignoring a detainer request on that individual.

Deportation officers apprehended a 21-year-old Brazilian national, living illegally in the U.S., after he was arrested and charged with weapons and assault crimes, ICE announced in a press release on Monday. ICE had placed a detainer request on the individual when he was in the custody of the Worcester County House of Corrections, but local officials ignored the detainer and released him without notifying ICE, the agency says.

“When local jurisdictions ignore immigration detainers, they increase the threat to residents in the community,” [Enforcement and Removal Operations] Boston Field Office Director Todd M. Lyons said in a statement.

“This individual was subsequently arrested and charged with egregious crimes; still, the local jurisdiction refused to honor our detainer and released him to potentially reoffend. ERO Boston will continue to prioritize public safety throughout our New England neighborhoods,” Lyons stated.

Border Patrol officers arrested the Brazilian national in March 2019 after he was observed crossing illegally into the U.S. near Santa Teresa, New Mexico, and subsequently released into the country after being served a notice to appear before an immigration judge, according to ICE.

He was arrested and detained in October 2022 in Danbury, Connecticut, on criminal trespass and breach of peace charges, and then extradited to Massachusetts that same month. Following his extradition, the Brazilian national was arraigned at the Worcester District Court for assault with a dangerous weapon and possession of a firearm, among other charges.

ICE’s Boston office says it lodged a detainer request for him with the Worcester County House of Corrections on October 31, 2022, but the jurisdiction ignored the request and released him on an unknown date without notifying the agency.

ICE agents, however, were able to make an apprehension on April 5 in Worcester, Massachusetts. The agency says he will be held in their custody pending a future hearing before an immigration judge.

Detainer requests are lodged by ICE when a suspected illegal alien is placed into custody at a state or local detention facility. The detainers ask that the law enforcement agency notify ICE in advance if they plan on releasing the alien, and can also ask that they maintain custody long enough to allow ICE agents time to make an apprehension.

However, many sanctuary cities and other jurisdictions have passed legislation or enacted policies that largely prohibit local law enforcement from working with ICE agents, requiring them to ignore these detainer requests. These policies, ICE argues, puts the community in danger because these aliens are released back into the public with the opportunity to reoffend.

This is not the first time ICE has specifically called out Worcester County, Massachusetts, officials for ignoring their requests.

The agency posted a similar press release on April 15, faulting a district court in the county for failing to honor their detainer request on an illegal alien who was arrested on child rape charges. Local authorities instead chose to release him after he posted his $5,000 bail. ICE agents were also able to make an apprehension of that individual, two months after his release from local custody.

Worcester police did not immediately respond to The Daily Caller News Foundation’s request for comment.