Blue state county ignores ICE detainers against illegal immigrant charged with rape

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In a recent incident, ICE agents in Boston had to arrest a Brazilian illegal immigrant, Agnaldo Moreira da Cruz, twice due to sanctuary policies in Massachusetts. Despite ICE detainer requests, officials in Barnstable County ignored them, leading to Moreira da Cruz being released back into the community.

Moreira da Cruz, who is charged with rape and extortion, was initially arrested in August 2023 by police in Yarmouth. Despite an ICE detainer, he was released from the Barnstable County Correctional Facility in June 2024. ICE agents tracked him down and arrested him again in October, only for him to be released once more in December by the Barnstable Superior Court.

The Massachusetts Trial Court’s policy, based on the Lunn vs. Commonwealth ruling, prohibits state and local law enforcement agencies from arresting or detaining individuals solely based on ICE detainers. This policy has led to clashes between ICE and local authorities, putting the safety of Massachusetts residents at risk.

Sheriff Donna Buckley explained that sheriffs are bound by state laws and cannot hold individuals based on ICE detainer requests alone. She emphasized that sheriffs enforce the law and do not make it.

Former immigration judge Andrew Arthur highlighted the federal nature of immigration enforcement and the potential for federal funding to be tied to compliance with immigration authorities. He stressed the importance of cooperation between federal and local agencies for community safety.

Despite the challenges posed by sanctuary policies, ICE eventually detained Moreira da Cruz pending immigration and criminal proceedings. This case underscores the complexities of immigration enforcement and the need for collaboration between federal and local authorities to ensure public safety.

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