ERO Boston arrests unlawfully present Brazilian facing rape charges
BOSTON — Enforcement and Removal Operations (ERO) Boston arrested a Brazilian citizen in Peabody, Massachusetts, on May 5. The Brazilian national, 34, is under an active restraining order and was recently indicted on local criminal charges of rape, vandalism and violating an order of protection.
The native of Brazil, who also holds Italian citizenship, entered the United States in 2005 under a 90-day tourist immigration visa and violated the terms of his admission. Following his arrest on rape and related charges by Peabody police in November 2022, ERO Boston lodged an immigration detainer seeking his custody.
On Dec. 19, 2022, the Brazilian native was released from custody with an electronic monitoring device; the lodged detainer was not honored and the man was released into the community without notification to ERO. In January 2023, a court in Lawrence convicted him of forgery of a motor vehicle registration document. ERO Boston’s Fugitive Operations Team arrested him on federal immigration violations in Peabody on May 5. He will remain in ERO Boston custody pending a hearing before a federal immigration judge.
Noncitizens placed into removal proceedings receive their legal due process from federal immigration judges in the immigration courts, which are administered by the Justice Department’s Executive Office for Immigration Review (EOIR). EOIR is an agency within the U.S. Department of Justice and is separate from the Department of Homeland Security and U.S. Immigration and Customs Enforcement (ICE). Immigration judges in these courts make decisions based on the merits of each individual case, determining if a noncitizen is subject to a final order of removal or eligible for certain forms of relief from removal. Once a noncitizen is subject to a final order of removal issued by an immigration judge or other lawful means, ICE officers may carry out the removal.
ERO officers make enforcement decisions on a case-by-case basis in a professional and responsible manner, informed by their experience as law enforcement officials and in a way that best protects against the greatest threats to the homeland and the integrity of U.S. immigration laws.
As one of ICE’s three operational directorates, ERO is the principal federal law enforcement authority in charge of domestic immigration enforcement. ERO’s mission is to protect the homeland through the arrest and removal of those who undermine the safety of U.S. communities and the integrity of U.S. immigration laws, and its primary areas of focus are interior enforcement operations, management of the agency’s detained and non-detained populations, and repatriation of noncitizens who have received final orders of removal. ERO’s workforce consists of more than 7,700 law enforcement and non-law enforcement support personnel across 25 domestic field offices and 208 locations nationwide, 30 overseas postings, and multiple temporary duty travel assignments along the border.
As part of its mission to identify and arrest removable noncitizens, ERO lodges immigration detainers against noncitizens who have been arrested for criminal activity and taken into custody by state or local law enforcement. An immigration detainer is a request from ICE to state or local law enforcement agencies to notify ICE as early as possible before a removable noncitizen is released from their custody. 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.
Detainers are a critical public safety tool because they focus enforcement resources on removable noncitizens 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. 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. 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.
In fiscal year 2022, ERO arrested 46,396 noncitizens with criminal histories. This group had 198,498 associated charges and convictions, including 21,531 assault offenses; 8,164 sex and sexual assault offenses; 5,554 weapons offenses; 1,501 homicide-related offenses; and 1,114 kidnapping offenses.
For more news and information on how the ERO Boston field office carries out its immigration enforcement mission, follow us on Twitter @EROBoston.