Massachusetts Mother Detained by ICE Over Marijuana Charge

A Massachusetts mother’s family vacation turned into a nightmare when she was detained by federal immigration officers in front of her three young daughters upon returning to the United States. The incident, which has drawn outrage from lawmakers and legal experts, involved a two-decade-old marijuana charge that is no longer a crime under state law.

Jemmy Jimenez Rosa, a 42-year-old legal permanent resident, was taken into custody by US Customs and Border Protection (CBP) on August 11 after arriving from Mexico with her family. Her detention, which lasted ten days, was linked to a minor marijuana possession offense from 2003, an charge that has since been sealed and is no longer prosecutable in Massachusetts.

How Can a Decades-Old Charge Lead to ICE Detention?

The central question arising from this case is how a sealed, non-violent offense from two decades ago can resurface to justify detention and potential deportation. Jimenez Rosa was arrested at the age of 20 for possessing a small amount of marijuana. She pleaded guilty, completed her probation, and had her record officially sealed over a decade ago, a process meant to restrict access to the case.

Her attorney stated that federal officers should not have had legal access to these sealed records, raising serious concerns about the methods used to obtain this information. The detention proceeded despite the fact that Massachusetts has since decriminalized and legalized recreational marijuana, making the original offense obsolete under current state law. This situation highlights a significant clash between state and federal law, where outdated federal immigration statutes can be applied to override state-level legal reforms.

A Family’s Trauma and a Legal Battle

The emotional toll on the family was immediate and severe. Jimenez Rosa’s husband, Marcel Rosa, described the horrifying scene of agents taking his wife as their children cried and hugged her. During her ten-day ordeal, Jimenez Rosa was moved through multiple detention facilities in Massachusetts and Maine, including one facility that reportedly housed only men.

Her family asserts that she was denied proper medical care for her chronic diabetes and asthma, conditions that necessitated hospitalization on two separate occasions during her brief detention. She was eventually released without her personal belongings, phone, or means of transportation, finding herself stranded near a shopping mall 30 miles from her home. She borrowed a stranger’s phone to contact her husband.

Following her release, her attorney has announced intentions to pursue legal action against the federal agencies involved, alleging a violation of her constitutional rights. The case has attracted the attention of state officials, with one senator present at her emotional family reunion calling the detention brutal and capricious.

The case of Jemmy Jimenez Rosa is a stark reminder of the complex and often harsh realities of the US immigration system, where even legal residents can face severe consequences from long-resolved past mistakes. Her experience underscores the urgent need for clarity and reform in how federal immigration policies interact with state laws and sealed records. For families like the Rosas, the pursuit of justice continues as they seek to heal from a deeply traumatic event that has left lasting scars.

Must Know

What is a sealed record?
A sealed record is a court record that is not available to the general public or typically accessible through standard background checks. The intention is to allow individuals to move past minor offenses, though certain government agencies may sometimes still access them.

Can legal permanent residents be deported for old crimes?
Yes, legal permanent residents (green card holders) can be subject to deportation for certain criminal convictions, even if they are old or occurred before they received their residency. Immigration law is federal, so state-level decriminalization does not always prevent federal action.

Why was Jemmy Jimenez Rosa detained?
Officially, US Immigration and Customs Enforcement (ICE) detained Jemmy Jimenez Rosa based on a 2003 marijuana possession charge. Her legal team contends the detention was invalid because the record was sealed and the offense is no longer a crime in Massachusetts.

What happened after she was released from ICE custody?
Jimenez Rosa was released without her personal effects or a means to contact her family. She was disoriented and had to borrow a phone from a stranger to call her husband for help. Her family is now arranging for medical and psychiatric care.

Is marijuana possession a deportable offense?
Under US federal law, which governs immigration, marijuana possession remains a controlled substance violation. This can be grounds for deportation for non-citizens, including green card holders, regardless of state laws.