Is Massachusetts releasing immigrants charged with violent crimes?
It has been a month since Tom Homan, the Trump administration's Border Czar, told an enthusiastic crowd at the Conservative Political Action Conference that he was "bringing hell to Boston."
"You're not a police commissioner. Take that badge off your chest. Put it in the desk drawer," Homan told the audience, taking aim at Boston Police Commissioner Michael Cox, accusing him of releasing immigrants charged with violent crimes back into the community.
WBZ-TV decided to dig into the press releases of Immigration and Customs Enforcement (ICE) in Massachusetts to see if violent criminals are really being released by Cox or other law enforcement.
After reviewing every press release from January to the present, WBZ found only one which said Boston Police released someone wanted by ICE. All of the other releases stated that individuals wanted by ICE were released from jails or courts.
Mass. law prevents police from enforcing ICE detainers
Massachusetts law prevents any law enforcement from holding someone based solely on their immigration status.
In 2017, the Massachusetts Supreme Judicial Court ruled in a case called Lunn v. Commonwealth that, "Massachusetts law provides no authority for Massachusetts court officers 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."
That means 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.
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.
Suspects released on bail
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.
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.
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.
In the last six months, the Worcester County Jail had two inmates who were charged with child rape with bail set at $500. They were picked up by ICE.
Two other inmates were charged with cocaine and fentanyl trafficking with bails of $500 and $4,000. Both of them were wanted by ICE and bailed out before ICE arrived.
"Most people would not think that's an appropriate bail," Evangelidis said.
How bail is set
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. 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.
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.
Evangelidis now supports a bill filed by two Republican state lawmakers which would allow him to hold inmates wanted by ICE for an additional 36 hours. 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.
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