Mass. court released foreign national accused of child rape, despite immigration detainer, ICE says

BOSTON — A 38-year-old Guatemalan national accused of forcibly raping a Massachusetts minor was released by court officials back into the community, despite an immigration detainer in place against him, federal immigration officials said Tuesday.

Maynor Francisco Hernandez-Rodas was arrested by federal immigration officers in Lowell on Sept. 20, Enforcement and Removal Operations Boston said in a statement. He remains in federal custody.

“Maynor Francisco Hernandez-Rodas stands accused of horrific crimes against a Massachusetts child,” ERO Boston acting Field Office Director Patricia Hyde said in a statement on Tuesday. “He represents a significant danger to the children of our community that we will not tolerate.”

Lowell Police arrested Hernandez-Rodas on June 14 for aggravated rape of a child and rape of a child with force, federal immigration officials said.

Federal authorities lodged an immigration detainer against Hernandez-Rodas on June 28.

On Sept. 4, Hernandez-Rodas was arraigned in Middlesex Superior Court on charges of aggravated rape of a child with force and rape of a child by force.

Middlesex Superior Court officials “ignored ERO Boston’s immigration detainer and released (Hernandez-Rodas) from custody on an unknown date,” according to Enforcement and Removal Operations Boston.

Hernandez-Rodas unlawfully entered the United States on an unknown date, at an unknown location and without inspection, admission or parole by a U.S. immigration official, Hyde said.

Hernandez-Rodas has served prison time for previous offenses in Connecticut, officials said.

On Sept. 16, 2011, he was convicted for breach of peace in Bridgeport, Connecticut, District Court, officials said. He was sentenced to six months in prison followed by a six-month suspended sentence and one year of probation.

Nearly five years later, on May 15, 2016, Hernandez-Rodas was convicted of breach of peace in the Norwalk, Connecticut, District Court. He was issued a $100 fine.

ERO lodges immigration detainers against noncitizens who have been arrested for crimes and taken into custody by state or local law enforcement.

An immigration detainer is a request from U.S. Immigration and Customs Enforcement to state or local law enforcement agencies to notify ICE as early as possible before a removable noncitizen is released from their custody, officials said.

Detainers request that state or local law enforcement agencies maintain custody of the noncitizen for a period not to exceed 48 hours beyond the time the individual would otherwise be released, allowing ERO to assume custody for removal purposes in accordance with federal law.

ERO officials said detainers are “critical public safety tools” because they focus enforcement resources on foreign nationals who have been arrested for criminal activity.

“Detainers increase the safety of all parties involved — ERO personnel, law enforcement officials, the removable noncitizens and the public — by allowing an arrest to be made in a secure and controlled custodial setting as opposed to at-large within the community,” Enforcement and Removal Operations Boston said in its statement.

“Since detainers result in the direct transfer of a noncitizen from state or local custody to ERO custody, they also minimize the potential that an individual will reoffend,” ERO officials said. “Additionally, detainers conserve scarce government resources by allowing ERO to take criminal noncitizens into custody directly rather than expending resources locating these individuals at-large.”

Hyde pledged that her Boston division “will continue to prioritize public safety by arresting and removing egregious noncitizen threats from our New England neighborhoods.”

Members of the public can report crimes and suspicious activity by dialing 866-347-2423 or completing the online tip form.

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

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