A Guatemalan national in the country illegally was arrested in Lowell by U.S.  Immigration and Customs Enforcement (ICE) Officers last month, after he had been released from custody following his arrest for the alleged rape of a minor on June 14, 2024.

A Tuesday press release from ICE revealed that 38-year old Maynor Francisco Hernandez-Rodas was arrested June 14 by Lowell Police for aggravated rape of a child and rape of a child by force.

Boston’s ICE Enforcement and Removal Office (ERO) lodged an immigration detainer against Hernandez with the Middlesex County House of Corrections on June 28.

He was then arraigned in Middlesex Superior Court September 4 for aggravated rape of a child and rape of a child by force. However, the press release states the court “ignored” the detainer and released him at an unknown date.

Hernandez was arrested again in Lowell on September 20 by Boston ERO Officers and remains in ERO custody.

“Maynor Francisco Hernandez-Rodas stands accused of horrific crimes against a Massachusetts child,” said ERO Boston acting Field Office Director Patricia H. Hyde. “He represents a significant danger to the children of our community that we will not tolerate. ERO Boston will continue to prioritize public safety by arresting and removing egregious noncitizen threats from our New England neighborhoods.”

The press release also states Hernandez unlawfully entered the United States on an unknown date, at an unknown location and without inspection, admission or parole by a U.S. immigration official.

He was convicted for “breach of peace” in Bridgeport, Connecticut in September of 2011 and sentenced to six months in prison, followed by a six-month suspended sentence and one year of probation. He was convicted of the same crime in May of 2016 in Norwalk, Connecticut and issued a $100 fine.

The arrest raises a number of questions. First and foremost, when and why did the court release Hernandez back into the community, especially given the severity of the charges against him?

InsideLowell learned Thursday that the alleged rape occurred in Lowell and that Fernandez was living in the city at the time, though he was not among the families housed at the former Inn & Conference Center.

He was arrested early Friday morning, June 14, and appeared in Lowell District Court the same day. He was subsequently released on bail, though the exact date of his release is not yet clear.

The ICE statement states the detainer wasn’t placed until two weeks after the initial arrest, June 28, and that it was placed with the Middlesex County House of Corrections, an indication that’s where Hernandez was being held.

A source familiar with the procedures says once a defendant is brought to court, LPD has no further involvement with ICE detainers. We’ve also been told that Lowell Police played no role in the September 20 arrest by ERO Officers.

Stay with InsideLowell for more information as it becomes available.