Contempt charge dismissed against ICE agent who detained man mid-trial in Boston
A federal judge has dismissed a contempt charge against an Immigration and Customs Enforcement agent who took a man into custody in the middle of his trial in Boston last month.
Boston Municipal Court Judge Mark Summerville had held ICE agent Brian Sullivan in contempt for "violating the defendant's right to be present at trial and confront witnesses against him." Suffolk County District Attorney Kevin Hayden was weighing whether to bring charges against Sullivan.
But U.S. District Judge William Young dismissed the case on Monday, calling it "moot" because Massachusetts Attorney General Andrea Campbell and U.S. Attorney Leah Foley agreed that the contempt order should be vacated.
A lawyer for Wilson Martell-Lebron, the man from the Dominican Republic who was detained in the middle of his trial for allegedly making false statements in a driver's license application, criticized the federal judge's order to dismiss the case.
"Perhaps Agent Sullivan acted within what is 'necessary and proper' in the performance of his duties. Or perhaps, as we contend, he did not," attorney Ryan Sullivan said. "An investigation would have revealed that and answered these questions. Instead, the Federal Government told the State to cease and desist."
ICE arrests in Boston
Martell-Lebron's lawyers said ICE agents who did not identify themselves grabbed him as he was leaving court and put him in a pickup truck. Martell-Lebron has since been held at a Plymouth detention facility for allegedly being an undocumented immigrant.
Hayden in a press conference earlier this month strongly criticized the unusual arrest that was the latest high-profile example of ICE activity in Boston, and said his office was considering next steps.
"ICE routinely claims that their actions are improving public safety in Boston and I'm here today to tell you and to say that they are doing the exact opposite," he said. "This action by ICE was troubling and extraordinarily reckless."
US attorney criticizes Boston judge, DA
Foley, who said that Martell-Lebron had prior arrests for "serious drug trafficking offenses," responded by telling Hayden in a letter that it was "inappropriate to suggest to the public that federal officers can be criminally prosecuted by your office."
"Any attempt or threat to interfere with the lawful actions of federal government agents will not be tolerated," the U.S. attorney wrote.
Foley had also slammed Judge Summerville's contempt order, writing to him that "there is simply no legal basis for you to hold federal officers in criminal contempt for carrying out their sworn duties."
Immigration officers were a growing presence at courthouses during Trump's first term, prompting some pushback from judges and other local officials. Trump has gone further in his second term by repealing a policy in place since 2011 to generally avoid schools, places of worship and hospitals.
Under current policy, immigration officials can make arrests "in or near courthouses when they have credible information that leads them to believe the targeted alien(s) is or will be present" and as long as they are not prohibited by state or local law.
