ICE detainers ignored by blue state county for illegal immigrant accused of rape.

In Massachusetts, a Brazilian illegal immigrant was arrested twice by ICE agents for rape and extortion due to sanctuary policies in the state.

Last week, an ICE statement announced the arrest of 29-year-old Agnaldo Moreira da Cruz by Boston Enforcement and Removal Operations officials for the second time in December.

Officials in Barnstable County, located in Massachusetts' Cape Cod, twice disregarded ICE detainer requests for Moreira da Cruz.

The Barnstable County Superior Court disregarded ICE's detainer requests and breached their own agreement by not returning Moreira da Cruz to ICE after acquiring him through a "writ of habeas corpus."

In August 2023, Moreira da Cruz was arrested by Yarmouth police and held at the Barnstable County Correctional Facility until his release on June 18, 2024, despite an ICE detainer against him. He was arraigned in December 2023.

ICE arrested Moreira da Cruz several months later on Oct. 16, but after receiving a habeas corpus request, the court ignored the ICE detainer and released him on Dec. 5.

Moreira da Cruz is accused of a series of violent crimes, including rape and extortion with the threat of harm.

"ICE stated that this individual should not be released into the community, as our detainers have been ignored twice, putting the citizens of Massachusetts at risk of being harmed by an alleged dangerous offender."

The Massachusetts Trial Court spokesperson sent Planet Chronicle Digital a copy of their policy, which is based on the precedent set by the 2017 Massachusetts Supreme Judicial Court ruling "Lunn vs. Commonwealth," explaining why the ICE detainer was not honored.

According to the policy, Trial Court employees are not authorized to detain someone solely on ICE detainers, and immigrants who are subject to these requests will be treated the same as all other individuals who appear in court.

No court officer or employee can contact an ICE official to inform them about an immigrant in court custody, and no ICE official is allowed to take an individual into custody in a courtroom based on a civil immigration detainer.

According to Barnstable Sheriff Donna Buckley, the Lunn vs. Commonwealth case prohibits state and local law enforcement agencies from arresting or detaining individuals solely based on an ICE detainer, beyond the time that the individual would otherwise be entitled to be released from state custody.

"According to Buckley, Massachusetts sheriffs must adhere to federal, state, and local laws and regulations. As a result, they are obligated to follow the law of the Commonwealth and cannot detain an individual solely on an ICE request if that person is not subject to a separate judicially issued detention order."

"The sheriffs do not create the law but instead implement it," she stated.

Andrew Arthur, a former immigration judge and law and policy expert at the Center for Immigration Studies, stated that while the Massachusetts courts have the final say in cases such as this, it's important to remember that their decision is not necessarily the final word.

"Arthur stated that immigration is a federal issue and when states intervene in the process, they lack expertise as they rely on anecdotes and speculation."

Federal funding of billions of dollars is given to states and localities annually, but it is contingent on their compliance with federal immigration authorities.

"On one hand, they're requesting financial support from the government, while on the other hand, they're refusing to collaborate with the government on a crucial task," he stated. "It's within Congress's right to impose any conditions they see fit on funding, and this particular condition is justified."

According to Arthur, he believes that the Trump administration and incoming border czar Tom Homan will swiftly urge Congress to implement such conditions.

"The main problem with this is that it endangers ICE enforcement and removal officers because they must go out on the street to find and apprehend criminals, putting their lives at risk. Additionally, this is a community safety issue."

"To ensure the safety of our streets, the best approach is to remove criminals from them. This should be a priority, and I expect to see a push for this under a second Trump administration."

Despite the efforts of Barnstable County officials, Moreira da Cruz remains in ICE custody, awaiting immigration and criminal proceedings.