Massachusetts Sheriff Rejects ICE Detainer Pressure Citing 2017 Lunn Ruling
Bristol County Sheriff Paul Heroux rejected pressure from Immigration and Customs Enforcement and defended refusing an ICE detainer at a press conference in Dartmouth on Tuesday.[1] Heroux said the 2017 Massachusetts Supreme Judicial Court Lunn decision prohibits local officials from holding people solely on civil immigration grounds once they are otherwise entitled to release.[1] He called ICE's social media tactics "bullying." Boston Globe He said his office is not obligated to honor ICE detainers under state law, that bail is set by judges, and that he would "welcome ICE suing us." Boston Globe
ICE Boston had posted a mugshot last week accusing the Bristol County House of Correction of releasing Honduran national Jose Raul Martinez Alvarado without honoring an ICE detainer.[1] Martinez Alvarado was arrested in New Bedford in June and charged with four felonies and two misdemeanors tied to unlicensed firearm possession and resisting arrest; he posted bail after his June 8 arraignment.[1] ICE later arrested Martinez Alvarado during operations in New Bedford and is detaining him at the Plymouth County Correctional Facility.[1]
On July 24, 2017, the Massachusetts Supreme Judicial Court in Lunn ruled state and local officials cannot hold people solely on federal immigration detainers once they are entitled to release. In November 2025, Heroux adopted a policy treating ICE information requests as public records subject to review, limiting direct cooperation with the agency. Heroux also said that in March 2025 U.S. Attorney Leah Foley told state sheriffs they remain bound by state law on detainers.
Between January and November 2025, 29 Bristol County inmates were transferred into ICE custody, with about half taken directly from county jails or the Dartmouth House of Correction. After Heroux's late-November 2025 policy began, no such transfers occurred through late January 2026.
The mainstream summary does not mention that as of October 3, 2025, only 12 out of 662 inmates in Bristol County facilities had active ICE detainers, highlighting the limited scope of ICE's influence in this context. This statistic suggests that the local sheriff's policies may be more effective in limiting ICE's reach than implied by the focus on individual cases like that of Jose Raul Martinez Alvarado. Furthermore, while the mainstream account emphasizes Heroux's rejection of ICE's tactics as bullying, it does not capture the broader legal implications of the Lunn ruling, which establishes that local officials lack the authority to detain individuals solely based on ICE requests, framing such actions as a violation of both state law and federal precedent from cases like Arizona v. United States. This legal context underscores the sheriff's stance as not merely a matter of local policy but as a reflection of established legal principles that protect individuals from unlawful detainment under civil immigration grounds.[2][3]
Show source details & analysis (1 source)
📊 Relevant Data
As of October 3, 2025, Bristol County facilities held 662 inmates, of whom 12 had active ICE detainers.
How Mass. sheriffs navigate delicate balance of ICE demands and state law — New Bedford Light
Between January and November 2025, 29 Bristol County inmates were transferred into ICE custody, with about half taken directly from county jails or the Dartmouth House of Correction; after the sheriff's new information-sharing policy began in late November 2025, zero such transfers occurred through late January 2026.
Bristol County sheriff restricting information-sharing with ICE — New Bedford Light
📌 Key Facts
- On Tuesday, July 7, 2026, Sheriff Paul Heroux held a press conference in Dartmouth responding to an ICE Boston social media post criticizing his office.
- ICE Boston had posted a mugshot and statement last week accusing Bristol County House of Correction of releasing Honduran national Jose Raul Martinez Alvarado without honoring an ICE detainer.
- Martinez Alvarado was arrested in New Bedford in June 2026 and charged with four felony and two misdemeanor counts related to unlicensed firearm possession and resisting arrest; he was arraigned June 8 and posted bail.
- Heroux said the 2017 Massachusetts Supreme Judicial Court Lunn decision prohibits local officials from holding people solely on civil immigration grounds once they are otherwise entitled to release.
- Heroux stated his office is not obligated to honor ICE detainers under state law, emphasized that bail is set by judges, and said he would “welcome ICE suing us” over the issue.
- ICE ultimately arrested Martinez Alvarado during operations in New Bedford and is detaining him at Plymouth County Correctional Facility.
- Heroux noted that in March 2025 U.S. Attorney Leah Foley told state sheriffs they are bound by state law regarding detainers.
- The sheriff previously implemented a policy restricting information-sharing with ICE, including not providing bail-posting or release-time details.
📰 Source Timeline (1)
Follow how coverage of this story developed over time