BOSTON — 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, federal immigration authorities said Tuesday.
Wilber Chinic-Villagran, 27, was previously convicted in Massachusetts of three counts of assault and battery on a family member, intimidation, and violation of the Abuse Prevention Act, U.S. Immigration and Customs Enforcement Boston said in a statement.
Federal officers arrested Chinic-Villagran on Jan. 26 in Framingham, officials said. He remains in ICE custody.
“Wilber Chinic-Villagran illegally came to the Commonwealth of Massachusetts and committed some horrendous crimes,” ICE Enforcement and Removal Operations Boston acting Field Office Director Patricia Hyde said in a statement.
“We simply will not tolerate such a threat to the residents of our Massachusetts communities. ICE Boston will continue to prioritize public safety by arresting and removing egregious alien offenders from New England,” Hyde said.
The case highlights the ongoing issue facing federal immigration officials who are often at odds with the courts regarding immigration detainers, which are intended to hold foreign nationals who are in the country illegally until federal officers can arrest them.
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 Tuesday.
“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.”
At the State House, there’s a new bill being filed that would give sheriffs and the courts the ability to hold a federal inmate with an immigration detainer for 36 hours, Boston 25 Reporter Bob Ward reported in late January.
“36 hours is a reasonable time, it’s a compromise, and I hope the governor will embrace this,” state Rep. Michael Soter, a Worcester Republican, told Boston 25 last month.
And last month, Norfolk County Sheriff Patrick McDermott visited Washington for a national sheriff’s conference and met with border czar Tom Homan.
“We want to be as cooperative as we can with ICE, especially with a new administration, new policies. It seems like there is a new executive order every day. But we are looking to stay on top of all these issues,” McDermott said last month.
U.S. Border Patrol arrested Chinic-Villagran on July 28, 2020 after he illegally entered the United States near Laredo, Texas, officials said. Border Patrol voluntarily returned Chinic-Villagran to Mexico.
Chinic-Villagran illegally re-entered the United States on an unknown date, at an unknown location, and without being inspected, admitted or paroled by a U.S. immigration official, federal officials said.
On Feb. 7, 2023, ICE lodged an immigration detainer and an arrest warrant for Chinic-Villagran with the Middlesex County House of Corrections in Billerica, after local authorities arrested him, officials said.
On Feb. 28, 2023, the Middlesex County House of Corrections informed ICE that Framingham District Court released Chinic-Villagran without honoring the detainer, officials said.
Detainers request that state or local law enforcement agencies maintain custody of foreign nationals for no longer than 48 hours beyond the time the person would otherwise be released, allowing federal immigration officials to assume custody for deportation per federal law, officials said.
ICE lodged another immigration detainer against Chinic-Villagran on Sept. 22, 2024, with the Middlesex County House of Corrections, after local authorities arrested Chinic-Villagran again.
About a month later, Chinic-Villagran was convicted in Framingham District Court of two counts of assault and battery on a family/household member, intimidation, and violation of the Abuse Prevention Act.
A judge sentenced Chinic-Villagran to 18 months in prison, and the court suspended all but four months of that sentence, officials said.
On December 24, 2024, Chinic-Villagran was convicted in Framingham District Court of an additional count of assault and battery on a family/household member.
The court sentenced Chinic-Villagran to 18 months in prison, and the court suspended all but 90 days of that sentence, federal officials said.
Later that day, the Middlesex County House of Corrections informed ICE that Framingham District Court had again released Chinic-Villagran without honoring the immigration detainer, federal officials said.
This is a developing story. Check back for updates as more information becomes available.
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