Bristol County Sheriff Paul Heroux has publicly criticized Immigration and Customs Enforcement (ICE) following a social media post that targeted his office for releasing a man who was later detained by ICE. Heroux accused ICE of attempting to shame him into violating Massachusetts law and stated that his department will continue to adhere to state court precedents regarding immigration detainers. He expressed a preference for addressing what he described as ICE's incompetence rather than remaining silent.
ICE's post featured a mugshot of Jose Raul Martinez Alvarado, whom the agency labeled a 'criminal illegal alien' and claimed was released without honoring an ICE detainer. Martinez Alvarado is reported to face multiple pending gun charges stemming from a June arrest in New Bedford. ICE detained him during operations on July 2 and he is currently held at the Plymouth County Correctional Facility.
According to CBS Boston, New Bedford police encountered Martinez Alvarado in early June, after which he was arraigned and pleaded not guilty. He was released on bail before being detained by ICE. Sheriff Heroux referenced a 2017 ruling from the Massachusetts Supreme Judicial Court, which determined that state and local officials generally lack the authority to detain individuals solely based on civil ICE detainers. He also pointed to a policy implemented last year that restricts the information his office shares with ICE, asserting that the agency's social media post was intended to intimidate local officials.
Heroux expressed willingness to face legal action from ICE, stating that he believes his office would prevail in court. He cited a comment from U.S. Attorney Leah B. Foley, indicating that sheriffs are 'bound by state law,' which supports his stance that immigration detainers are requests rather than mandatory orders. This dispute underscores the ongoing tension between federal immigration enforcement and Massachusetts officials who interpret state law in a way that limits cooperation with ICE. Martinez Alvarado has a probable cause hearing scheduled for July 8 and remains in ICE custody.