“The Middlesex County Superior Court failed to honor ERO’s request and released the Brazilian noncitizen from custody."
The Immigrations and Customs Enforcement (ICE) office in Boston has voiced criticism against the Middlesex County Superior Court for failing to honor its detainer request, leading to the release of an illegal immigrant indicted on counts of child rape without notice.
According to ICE, Enforcement and Removal Operations (ERO) in Boston apprehended a Brazilian national who was charged with child sex crimes in Massachusetts.
The Brazilian national, aged 53, entered the US legally in September 2001, but overstayed his authorized period of stay that expired in March 2002. Despite voluntarily leaving the country in 2008, he unlawfully reentered at an unknown date. In 2021, he was arrested by the Everett Police Department for charges of indecent assault and battery on a child and rape of a child.
“This Brazilian national has been charged with some horrific and disturbing crimes,” said ERO Boston Field Office Director Todd M. Lyons. “This is certainly not the type of person that we want interacting freely with the children of our neighborhoods. ERO Boston will continue to work tirelessly to arrest and remove noncitizen child sex predators from our New England communities.”
According to ICE, the Brazilian man was indicted for five counts of aggravated rape of a child by joint enterprise; one count of aggravated rape of a child-five year age difference; four counts of aggravated rape of a child-10 year age difference; one count of indecent assault and battery on a child under 14; and one count of obscene material to a minor.
Following the arrest, ICE issued an immigration detainer request to the Middlesex County House of Corrections to be notified in advance of the individual's release.
Detainers serve to notify state or local law enforcement agencies to maintain custody of noncitizens for up to 48 hours beyond their scheduled release, enabling ICE to assume custody for removal purposes in accordance with federal law.
“Detainers are critical public safety tools because they focus enforcement resources on removable noncitizens who have been arrested for criminal activity,” explained ICE.
However, the court did not honor the request, and the Brazilian national was released from custody in November 2022.
“The Middlesex County Superior Court failed to honor ERO’s request and released the Brazilian noncitizen from custody Nov. 23, 2022,” ICE said in a statement in which they explained that the local jurisdiction “ignored” the request.
In March, deportation officers from ERO Boston arrested the Brazilian illegal immigrant.
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