7:35 am - February 13, 2025
U.S. Immigration and Customs Enforcement (ICE) recently apprehended Jose Fernando-Perez, a 49-year-old illegal alien from Guatemala, in Framingham, Massachusetts. Fernando-Perez is accused of committing heinous crimes, including three counts of forcible rape of a child and three counts of aggravated rape of a child. His arrest has sparked widespread concern and highlights the challenges of enforcing immigration laws while ensuring public safety. ICE officials emphasized that Fernando-Perez represents the type of individual targeted under their “worst first” policy, which prioritizes the removal of immigrants who pose a significant threat to community safety.
Fernando-Perez entered the U.S. illegally at an unknown time and location, avoiding inspection or formal admission by immigration authorities. His presence in the country was first noted in 2005 when he was arraigned in Lynn District Court for leaving the scene of an accident and having improper license plates. He was eventually convicted of these charges in 2012. However, his legal troubles escalated in April 2022 when he was arraigned again, this time for the rape of a child by force. The case was later dismissed due to an indictment in superior court, allowing him to avoid immediate consequences for the more serious charges.
On May 16, 2022, ICE issued an immigration detainer for Fernando-Perez with the Essex County House of Correction, a request to hold him for federal immigration authorities. However, the Essex County Superior Court ignored the detainer and released him on pretrial conditions on October 6, 2022. This decision allowed Fernando-Perez to remain free in the community until his recent apprehension by ICE on February 2. Following his arrest, ICE served him with a notice to appear before an immigration judge, and he is currently in custody pending immigration proceedings.
The case has drawn attention to the broader debate over immigration enforcement and sanctuary policies in Massachusetts. Governor Maura Healey, a Democrat, has historically opposed cooperating with federal deportation efforts, stating that state police would “absolutely not” participate in President Donald Trump’s mass deportation initiatives. However, she has recently softened her stance, acknowledging that Massachusetts is not a sanctuary state despite a 2017 state Supreme Judicial Court ruling that limits local law enforcement cooperation with ICE. Healey has expressed opposition to targeting undocumented immigrants who have not committed serious crimes, but she has also taken steps to address abuses of the state’s migrant shelter system, expressing outrage over illegal activities within these shelters.
In contrast, Massachusetts Attorney General Andrea Campbell has maintained a firm opposition to the Trump administration’s immigration crackdown. She has criticized the federal government’s efforts to involve state and local law enforcement in immigration enforcement, arguing that such actions violate constitutional principles. Campbell has been vocal on social media, condemning Trump’s approach to immigration and emphasizing the importance of protecting the rights of all residents, regardless of their immigration status.
The apprehension of Jose Fernando-Perez underscores the complex interplay between federal immigration enforcement and state-level policies. While ICE has prioritized removing individuals like Fernando-Perez, who are accused of serious crimes, the agency often faces challenges in securing cooperation from local authorities. The case has also highlighted the ongoing tensions between federal and state governments over immigration policy, particularly in states like Massachusetts, where political leaders are divided on how to balance public safety concerns with protections for undocumented immigrants. As the debate continues, cases like Fernando-Perez’s serve as a reminder of the high stakes involved in immigration enforcement and the need for a balanced approach that prioritizes both safety and justice.