ICE arrests Guatemalan national in Boston charged with child rape, exposing immigration enforcement challenges.
At a Glance
- Jose Fernando-Perez, an illegal immigrant, was arrested by ICE in Framingham, Massachusetts
- He is charged with multiple counts of forcible rape and aggravated rape of a child
- Fernando-Perez was released by Essex County Superior Court despite an ICE detainer
- The case highlights conflicts between state and federal immigration enforcement policies
- Massachusetts law prohibits court officers from assisting ICE with civil immigration detainers
ICE Apprehends Guatemalan National Facing Serious Charges
U.S. Immigration and Customs Enforcement (ICE) agents in Boston have arrested Jose Fernando-Perez, a Guatemalan national, on February 2 in Framingham, Massachusetts. Fernando-Perez is facing grave accusations, including three counts of forcible rape of a child and three counts of aggravated rape of a child. The arrest underscores the ongoing challenges in immigration enforcement, particularly in states with policies that limit cooperation with federal authorities.
Fernando-Perez’s case is part of ICE’s “worst first” policy, which prioritizes the apprehension of individuals deemed to pose significant threats to public safety. Patricia H. Hyde, ICE’s Boston Acting Field Office Director, emphasized the gravity of the situation and the agency’s commitment to protecting communities.
A History of Legal Troubles
The suspect’s history in the United States is marked by previous encounters with law enforcement. Fernando-Perez entered the country illegally at an unknown time and location, evading inspection or admission by immigration officials. In 2005, he was arraigned for leaving the scene of an accident and attaching inaccurate license plates, resulting in a conviction in 2012.
More recently, in April 2022, Fernando-Perez faced arraignment for rape of a child by force. Although this case was dismissed due to a superior court indictment, it prompted ICE to lodge an immigration detainer against him in May 2022 with the Essex County House of Correction.
Jurisdictional Conflicts in Immigration Enforcement
Despite the ICE detainer, the Essex County Superior Court released Fernando-Perez on pre-trial conditions in October 2022.
“In order to comply with Massachusetts law, court officers are prohibited from assisting or interfering with ICE agents in executing their obligations under Federal law. That means that a court officer will not interfere with ICE arresting an individual who has been released. On the other hand, court officers are prohibited from keeping a released individual in custody awaiting an ICE agent. Massachusetts Court officials do not have the authority to hold an individual in custody solely on the basis of a Federal Civil Immigration Detainer,” a Massachusetts Trial Court spokesperson explained.
Following his arrest, ICE officers have served Fernando-Perez with a notice to appear before a Department of Justice immigration judge. He currently remains in ICE custody as legal proceedings continue.
