Local

ICE arrests Brazilian gang member convicted of assault in Massachusetts, says court ignored detainer

Caio Vitor Guimaraes-Silva (ICE)
(ICE)

BELLINGHAM, Mass. — A local court ignored a federal immigration detainer and released a Brazilian national and gang member convicted of assault, and he has been arrested in Bellingham, federal immigration authorities said Friday.

Federal officers arrested Caio Vitor Guimaraes-Silva, 21, who is in the U.S. illegally, in Bellingham on Feb. 3, U.S. Immigration and Customs Enforcement said in a statement. He remains in federal custody.

In an arrest photograph released Friday by ICE, Guimaraes-Silva is seen grinning as federal officers take him into custody.

“Caio Vitor Guimaraes-Silva has not only shown a blatant disregard for U.S. immigration laws, but he also presented a significant danger to the residents of Massachusetts,” ICE Enforcement and Removal Operations Boston acting Field Office Director Patricia Hyde said in a statement.

“As a documented member of a violent street gang and an alien convicted of a violent crime, we could no longer abide Mr. Guimaraes’ presence in our community,” Hyde said. “ICE Boston will continue to prioritize public safety by arresting and removing illegal alien offenders from our New England neighborhoods.”

ICE lodged an immigration detainer against Guimaraes-Silva with the Middlesex County House of Corrections on Feb. 16, 2024, after local authorities arrested him.

On Sept. 9, 2024, the Milford District Court found Guimaraes-Silva guilty of two counts of assault and battery against a Massachusetts resident.

The court sentenced Guimaraes-Silva to one year in prison but suspended all but 90 days of time served, Hyde said.

“The court then released Guimaraes from state custody, ignoring the ICE immigration detainer,” ICE said in its statement.

Court officials do not have the authority to hold an individual in custody solely on the basis of a Federal Civil Immigration Detainer, Jennifer Donahue, spokesperson for the Massachusetts Trial Courts, said in a statement to Boston 25 on Friday.

“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,” Donahue said.

“That means that a court officer will not interfere with ICE arresting an individual who has been released,” Donahue said. “On the other hand, court officers are prohibited from keeping a released individual in custody awaiting an ICE agent.”

In another case, federal authorities said Tuesday that a Massachusetts court twice ignored an immigration detainer lodged by ICE and twice released a Guatemalan national convicted of assault and other crimes in the Bay State.

Guimaraes-Silva lawfully entered the U.S. on Sept. 3, 2017, and later violated the terms of his lawful admission, Hyde said.

This is a developing story. Check back for updates as more information becomes available.

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