BOSTON — A Massachusetts jail ignored an immigration detainer and released a Dominican national charged with masked armed robbery back into the community, federal officials said Wednesday.
However, the Norfolk County Sheriff’s Office refuted that claim later Wednesday, calling it “false” and saying that a local court instead released the accused armed robber on bail.
Emerson Esteban Arias-Polanco, 27, of the Dominican Republic who is in the United States illegally, was arrested by federal officers in Boston on March 20, U.S. Immigration and Customs Enforcement said in a statement.
Officers with ICE Boston and agents with the U.S. Drug Enforcement Administration and the Bureau of Alcohol, Tobacco, Firearms and Explosives made the arrest. Arias-Polanco remains in ICE custody.
“Emerson Esteban Arias-Polanco illegally entered the United States and apparently decided to commit an armed robbery while wearing a mask,” ICE Enforcement and Removal Operations Boston acting Field Office Director Patricia Hyde said in a statement. “He clearly represents a threat to our Massachusetts residents.”
ICE Boston lodged an immigration detainer against Arias-Polanco with the Norfolk County House of Corrections on Jan. 5, Hyde said. However, Hyde said the detention facility “refused to honor the ICE detainer and released Arias-Polanco from custody.”
“It is regrettable that the Norfolk County House of Corrections decided to ignore our immigration detainer and released Arias-Polanco back into the community,” Hyde said. “ICE Boston will continue to prioritize public safety by arresting and removing alien offenders from the streets of New England.”
The Norfolk County Sheriff’s Office released the following statement to Boston 25 on Wednesday afternoon: “The allegation by ICE Enforcement and Removal Operations Boston that the Norfolk County Sheriff’s Office released Esteban Arias-Polanco back into the community, despite a federal civil detainer, is false.”
“Arias-Polanco was remanded to our custody on December 1, 2023. Court records show Arias-Polanco was released on bail on January 8, 2024, with GPS monitoring, while at court and in court custody, per a court order,” the Norfolk County Sheriff’s Office statement said. “He was not released by the Norfolk County Sheriff’s Office, and our office did not ignore any detainer.”
“The Norfolk County Sheriff’s Office is dedicated to the public safety of the 28 communities we serve, and we work cooperatively with all of our law enforcement partners, including those in federal law enforcement,” the Norfolk County Sheriff’s Office statement said.
“It is regrettable that ICE would mislead the public about its operations and the vast cooperation it receives from its law enforcement partners at the local, county, and state levels,” the Norfolk County Sheriff’s Office statement said.
Massachusetts 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 Wednesday.
“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. On the other hand, court officers are prohibited from keeping a released individual in custody awaiting an ICE agent,” Donahue said.
When reached Wednesday afternoon, Westwood attorney Paul Marino, who is representing Arias-Polanco, declined to comment on the case.
Dedham Police officers arrested Arias-Polanco on Nov. 30, 2023 and charged him with armed robbery — masked, Hyde said.
On May 3, 2024, his case was elevated to Norfolk County Superior Court, and he was indicted for the charge.
According to the indictment, on Nov. 20, 2023, Arias-Polanco, who was living in Boston at the time, was masked and armed with a knife when he allegedly assaulted a man in Dedham and robbed him of $280 in cash and personal property.
Arias-Polanco illegally entered the United States on an unknown date, at an unknown location, without being inspected, admitted or paroled by a U.S. immigration official, Hyde said.
This is a developing story. Check back for updates as more information becomes available.
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