Migrant’s arrest in East Boston casts light on detainer loophole in Massachusetts

WORCESTER, Mass. — 25-year-old Wisteguens Jean Quely Charles, a Haitian immigrant, was arrested in an ICE operation last week in East Boston.

An ICE news release identified him as a violent Haitian street gang member who entered the U.S. through Miami in 2013, and who has since been arrested and convicted 17 times

The release alleged Charles was only on the streets because authorities at the Norfolk County House of Corrections did not honor the feds immigration detainer which would have held him.

But the Norfolk County Sheriff says it did not go down that way.

“Our records indicate that we contacted ICE, the local office, and there was a notation in our records that said specifically ICE would not be coming to pick him up,” Norfolk County Sheriff Patrick McDermott said in a Zoom interview.

Massachusetts sheriffs say they mostly have a good relationship with ICE, but under state law, that doesn’t mean they have the power to hold an inmate with a detainer until the feds come to pick them up.

“We have violent offenders here who are illegal. Yet they could get bailed out this afternoon. We have no ability to hold them, beyond their release. We can call ICE, but they may not be able to get here in time. Or they may not be here for hours. We have no authority to hold them,” said Worcester County Sheriff Lew Evangelidis.

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.

“36 hours is a reasonable time, it’s a compromise, and I hope the governor will embrace this.” Said Rep. Michael Soter R-8th Worcester.

Norfolk County Sheriff Patrick McDermott is in Washington for a national sheriff’s conference and will meet border czar Thomas Homan on Tuesday.

“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,” Sheriff McDermott said.

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