Blue state, ICE battle over releasing illegal immigrants as expert warns politicians put ideology over safety

Immigration and Customs Enforcement criticized a Massachusetts court for releasing an illegal immigrant accused of raping a child, putting scrutiny on the blue state's sanctuary policies and criticism from a member of former President George W. Bush's administration amid a wave of migrant crime concerns across the U.S.

Maynor Francisco Hernandez-Rodas, a 38-year-old Guatemalan national, was charged in June with aggravated rape of a child by force, but he was released after a local court "refused to honor" ICE's detainer request, the agency said in a release earlier this month.

ICE said that Middlesex County "ignored ERO Boston’s immigration detainer and released Hernandez" on an unknown date before ICE took him into custody on Sept. 20.

"Maynor Francisco Hernandez-Rodas stands accused of horrific crimes against a Massachusetts child," ERO (Enforcement and Removal Operations) Boston acting Field Office Director Patricia H. Hyde said in a statement. "He represents a significant danger to the children of our community that we will not tolerate. ERO Boston will continue to prioritize public safety by arresting and removing egregious noncitizen threats from our New England neighborhoods."

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Officers with ERO Boston arrested Maynor Francisco Hernandez-Rodas Sept. 20 in Lowell, Massachusetts.

Alfonso Aguilar, the Director of Hispanic Engagement at the American Principles Project and the former chief of the U.S. Office of Citizenship in the George W. Bush administration, told Fox News Digital that this incident highlights the state "putting ideology over what's best for their citizens."

"It happens a lot that the individual goes for release, and then they go ahead and re-offend – which is preventable," he said. "It's following a radical ideology."

"Some argue that to build trust with the community, it's better not to respect ICE detainers, but that's ridiculous," he said. "How do you build trust with the community when you're releasing to the community a violent criminal? It makes absolutely no sense."

Detainer disputes in Massachusetts

The Bay State's history of ICE detainers stems from the Massachusetts Supreme Judicial Court's 2017 rule under Lunn v. Commonwealth.

The rule stated that Massachusetts' courts don’t have the authority 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."

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Massachusetts Gov. Maura Healey looks at Army cots set up on the gym floor as officials toured the Melnea A. Cass Recreational Complex, which was used as an emergency migrant shelter. (Getty Images)

Democratic Gov. Maura Healey, who was the state's attorney general in 2017, praised the ruling in a statement at the time, saying that it was a "victory for the rule of law and smart immigration and criminal justice policies, and a rejection of anti-immigrant policies that have stoked fear in communities across the country."

Aguilar said that Healey's prior statement "disregards the rule of law" and "shields illegal immigrants" over community members.

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"This guy committed a very heinous crime, and he was charged with committing a heinous crime, and he should be detained and removed," he said. "And this idea that courts should not cooperate with federal authorities is ridiculous."

"I don't see how this is a victory for the rule of law, but Massachusetts is known for having a very aggressive advocacy community with strong links with Democratic politicians," he said.

A family of Central American migrants cross the U.S.-Mexico border fence from Tijuana, Baja California State, Mexico, to the U.S. (GUILLERMO ARIAS/AFP via Getty Images)

The immigration expert said that by promising to protect migrants in the state, officials have simultaneously committed to defending criminals.

By shielding to protect every single illegal immigrant, they made a commitment to also defend the most serious criminals.

— Alfonso Aguilar, Latino Partnership for Conservative Principles

"By shielding to protect every single illegal immigrant, they made a commitment to also defend the most serious criminals," Aguilar said. "With the arrival of so many migrants in the past three years, serious crime – murder, violent crime, gun violence – has all gone up."

"So Massachusetts is basically telling their citizens, 'We're not going to protect you, you're on your own,'" he said. "That is scary."

The 2017 legal ruling turned Massachusetts into "a haven for criminal illegal immigrants who know they can be arrested, released, and evade deportation," Massachusetts Republican Party Chair Amy Carnevale told Fox News Digital. "If someone is in the country illegally — whether they crossed the border unlawfully or skipped a court date — it defies logic to expect that person to return for trial after being released.

"In what other country can an illegal immigrant, charged with aggravated rape of a child, be arraigned and then set free on bail, without working with immigration authorities? This ruling puts the safety of citizens at risk and every day that passes without the legislature taking action, our communities are further threatened. The legislature must act now to protect our communities by requiring courts to honor ICE detainers. This is not about partisanship — it’s about safeguarding our neighborhoods and doing what’s right for the people of Massachusetts."

Immigration and the 2024 election

Immigration has been a top issue during the election season, with former President Trump promising "the largest domestic deportation operation in American history" if elected.

"We had the most secure border in U.S. history. Now, we have the worst border in the history of the world," Trump said during a campaign rally stop in Iowa in September 2023. "Following the Eisenhower Model, we will carry out the largest domestic deportation operation in American history."

Vice President Kamala Harris has acknowledged that the U.S. has a broken immigration system and placed her support behind border security and a legal pathway to citizenship.

"We can create an earned pathway to citizenship and secure our border," Harris said during the Democratic National Convention in August. "I will bring back the bipartisan border security bill that [Trump] killed, and I will sign it into law."

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Former President Trump and Vice President Harris speak at the Univision town hall.  (Screenshots/Univision)

Aguilar said that for the federal government to require states like Massachusetts to enforce ICE detainers would require them to "clarify that federal immigration is a federal issue."

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ICE criticized a Massachusetts court for refusing to honor a detainer. (Smith Collection/Gado/Getty Images)

"If federal immigration is a federal issue, then law and state law enforcement should comply with federal detainers of illegal immigrants," he said. "And I think that's how the federal government and a new Trump administration should respond. Detainers are going to be key, so you want to make sure that local law enforcement agencies collaborate."

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Fox News Digital has reached out to ICE and Gov. Healey's office for comment.