A Brazilian immigrant charged with rape and extortion was arrested twice by ICE agents in Boston due to sanctuary policies in Massachusetts. Agnaldo Moreira da Cruz, 29, was first arrested in Yarmouth in August 2023 and arraigned in December 2023. Despite an ICE detainer, he was released from the Barnstable County Correctional Facility on June 18, 2024. ICE apprehended him again on October 16, but after a habeas corpus request, he was returned to the Barnstable Superior Court, which again disregarded the ICE detainer and released him on December 5.

ICE expressed concern that the court's decisions repeatedly endangered Massachusetts residents by releasing a potentially dangerous offender. The Massachusetts Trial Court explained their policy, based on the 2017 "Lunn vs. Commonwealth" ruling, which prevents court employees from detaining individuals solely on ICE detainers. Barnstable Sheriff Donna Buckley confirmed that they are obligated to follow state law, which prohibits holding someone solely on an ICE request without separate judicial orders.

Andrew Arthur, a former immigration judge, emphasized that immigration is a federal matter and states' interference is based on limited information. He pointed out the potential danger to ICE officers who must apprehend individuals in the community instead of secure facilities. Arthur suggested that Congress could link federal funding to compliance with immigration authorities. He anticipates the Trump administration and incoming border czar Tom Homan will push for this. Despite the challenges posed by Barnstable County's actions, Moreira da Cruz is now in ICE custody, awaiting immigration and criminal proceedings.