ICE arrested a migrant accused of child rape, two years after he was placed on home arrest by state
Fernando-Perez was charged with child rape in Feb. 28, 2022, after an investigation by Lynn police, records show. He is accused of repeatedly raping and sexually assaulting a child known to him when she was between the ages of 5 and 7 years old, according to prosecutors.
He pleaded not guilty in Essex Superior Court on Aug. 10, 2022, where bail was set at $7,500. At the request of Essex District Attorney Paul F. Tucker's office, Fernando-Perez was placed on house arrest with GPS monitoring on Sept. 16, 2022, records show.
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In a statement Thursday, ICE cited Fernando-Perez as an example of the agency's policy of detaining the 'worst first' as it pursues the Trump administration's crackdown on illegal immigration.
'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.'
ICE did not say why it had not previously sought to detain Fernando-Perez while he was living in Framingham. A spokesman said by email on Friday that the agency was reviewing its records.
The agency said it had twice lodged civil immigration detainers with Massachusetts officials. On May 16, 2022, it filed a request with Essex Sheriff Kevin F. Coppinger's office. It filed a second request with Essex Superior Court on Oct. 6, 2022.
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'The Essex County Superior Court ignored the immigration detainer against Fernando and released him on pre-trial conditions Oct. 6, 2022,' ICE said in its statement.
But by that point,
Fernando-Perez was already wearing the GPS monitoring bracelet and living in Framingham at an address listed in court records.
ICE makes detainer requests to police departments, courts, or sheriff's offices to hold someone they intend to release for up to two days. The agency lodges such civil requests — they are not criminal warrants — when it suspects someone of being in the country illegally and eligible for deportation.
Immigration officials have regularly criticized the court system and local police departments for not honoring such detention requests, but Massachusetts' highest court ruled in 2017 that court officials and local law enforcement officials cannot hold a person who is wanted solely for civil immigration violations.
'Massachusetts law provides no authority for Massachusetts court officers 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,' the court ruled.
The SJC said it would be up to the Legislature to decide whether to change state law.
John R. Ellement can be reached at
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