U.S. Immigration and Customs Enforcement (ICE) officers detained Jose Fernando-Perez, 49, in Framingham, Massachusetts, after local law enforcement did not honor an immigration detainer issued over two years ago. Fernando-Perez is accused of six child rape offenses.

The detainer had initially been lodged by ICE in May 2022 after he was charged in Essex County, but the suspect was released on pre-trial conditions in October 2022. State and local sanctuary laws in Massachusetts have resulted in a number of high-profile instances where illegal alien criminals were released by local authorities before an ICE detainer could be executed, resulting in the illegals proceeding to commit new violent acts.

The stringent sanctuary laws within the state mean local law enforcement and courts are not compelled to cooperate with ICE directives. A 2017 state Supreme Court ruling emphasized preventing what had been called “anti-immigrant policies.”

Acting Field Office Director of ICE’s Enforcement and Removal Operations (ERO) in Boston, Patricia H. Hyde, stated in a press release that Fernando-Perez represents the type of individual ICE is focusing on under its “worst first” policy, emphasizing the threat he posed to children in the community.

Democratic Governor Maura Healey previously stated that while Massachusetts is not officially a sanctuary state, officials must adhere to the law in immigration enforcement, especially regarding known criminals. The Democratic Attorney General, Andrea Joy Campbell, has stressed that the state will not condone any enforcement actions seen as illegal.

Fernando-Perez faces an upcoming Department of Justice immigration hearing and remains in ICE custody. Additionally, a jury trial for the charges, which include three counts of aggravated rape of a child and three counts of rape of a child by force, is scheduled for June 2, 2025.

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