U.S. Immigration and Customs Enforcement (ICE) in Boston apprehended an illegal immigrant from Guatemala who has been charged with raping a child.
Jose Fernando-Perez, 49, was arrested in Framingham, Massachusetts, on February 2, ICE announced. He had been charged with three counts of forcible rape of a child and three counts of aggravated rape of a child in 2022 but was released by a judge.
“Jose Fernando-Perez has been charged with some horrific crimes against a minor in our commonwealth,” ICE Enforcement and Removal Operations Boston acting Field Office Director Patricia H. Hyde said in the press release. “He is exactly the type of alien we are targeting with our ‘worst first’ policy. He posed a significant danger to the children of Massachusetts, and we will not tolerate such a threat to our community. ICE Boston will continue to prioritize the safety of our public by arresting and removing egregious alien offenders from our New England communities.”
It is unknown exactly when Fernando-Perez illegally entered the United States or where he crossed the border, but it is known that he wasn’t inspected, admitted, or paroled by any U.S. immigration officials, ICE said.
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He was first arraigned in Lynn District Court in Massachusetts on December 6, 2005, after allegedly leaving the scene of an accident with property damage and for having inaccurate license plates. He was convicted of those charges on October 19, 2012 – nearly seven years later.
On April 19, 2022, the district court arraigned Fernando-Perez for rape of a child by force but dismissed the case because he was indicted by the superior court. ICE lodged an immigration detainer against him with the Essex County House of Correction on May 16, 2022, but the Essex County Superior Court in Salem, Massachusetts, ignored that detainer. This court arraigned Fernando-Perez on six counts pertaining to the rape of a minor but released him on pre-trial conditions on October 6, 2022, according to ICE.
The Essex County Sheriff’s Office told Boston 25 News that once a judge releases someone, they’re no longer in their custody, which is similar to what the Massachusetts Trial Court spokesperson told the outlet.
“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,” the spokesperson told the outlet. “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.”
After arresting Fernando-Perez, ICE served him with a notice to appear before a Department of Justice immigration judge, and he remains in ICE custody.
