Ban ICE From Local Courthouses: Massachusetts Lawsuit

BOSTON — Two Democratic district attorneys and legal advocates filed an “unprecedented” lawsuit in federal court Monday that would ban U.S. Immigration and Customs Enforcement agents from local courthouses. Middlesex County District Attorney Marian Ryan and Suffolk County District Attorney Rachael Rollins claim ICE’s practice of arresting people at courthouses on immigration matters has hampered their efforts to prosecute cases, as victims and witnesses are often reluctant to go to court. The lawsuit comes after last week’s indictment of state Judge Shelley Joseph, accused of helping an inmate escape ICE agents by allowing him to sneak out a back door in her court.

“This case is about our belief that people have a constitutional right to go to the courthouse,” Ryan said, adding ICE is “violating” that right.

“Immigrants are being hunted down,” said Ivan Espinoza-Madrigal, executive director of the group Lawyers for Civil Rights. “This is harmful to all of us. And we are fighting back. This is our legal and moral responsibilities.”

Massachusetts U.S. Attorney Andrew Lelling, who was nominated by President Trump in 2017, announced the indictment against Joseph last week.

“Laws have to apply equally, even if you’re a state court judge,” Lelling said. “Everyone in the justice system … should be held to a higher standard. The people of Massachusetts expect that.”

Joseph, a Newton district judge, and Wesley MacGregor, a court officer, were charged with obstruction of justice. Joseph, of Natick, has not commented on the case.

Ryan and Rollins said the case had no bearing on their announcement Monday, as they worked on the lawsuit for the past two years.

Joseph and MacGregor are accused of helping an undocumented man escape from Newton District Court on April 2, 2018. According to court documents, Joseph knew the ICE officer was waiting outside in the lobby to detain the man, who was facing drug charges.

Later that afternoon, the audio recording captured Joseph, the defense attorney and the ADA speaking about the defendant and the ICE detainer. According to court documents, Joseph then ordered the courtroom clerk to turn off the audio recorder — which it was for just under a minute, which is a violation of District Court rules.

According to court documents, the defense attorney asked to speak with Medina-Perez downstairs, Joseph let them and had MacGregor escort the attorney and an interpreter downstairs to the lockup and used his security access card to open the rear door and let man go at 3:01 p.m.

State Attorney General Maura Healey blasted the indictment.

“[It’s] a radical and politically-motivated attack on our state and the independence of our courts,” she said in a statement. “It is a bedrock principle of our constitutional system that federal prosecutors should not recklessly interfere with the operation of state courts and their administration of justice … I am deeply disappointed by U.S. Attorney Andrew Lelling’s misuse of prosecutorial resources and the chilling effect his actions will have.”

Ryan and Collins said allowing ICE agents in courthouses has a “hugely detrimental effort.”

“To ask people to engage people in that process when they themselves fear that their very coming to court will cause them to be whisked away by ICE, or more tragically … disrupt and tear apart their families, makes our prosecution of cases more difficult and in many, many cases, impossible,” Ryan said. “Prosecutors are forced to abandon cases because many victims and witnesses are deterred from appearing in court.”

Not all Massachusetts law enforcement officials agree. Bristol County Sheriff Thomas Hodgson said the lawsuit is frivolous.

“I don’t see these DAs or advocates filing bills and lawsuits to keep U.S. citizens and legal immigrants shielded from law enforcement in a courtroom,” Hodgson said in a statement. “Barring ICE from a courthouse is the same as barring the FBI or the DEA. And anyone in that courtroom, whether they came to court voluntarily or not, has a warrant or is suspected to be a part of criminal activity, why shouldn’t law enforcement be there to act?”

The practice of arresting individuals on immigration charges when they were in court on unrelated matters intensified in January 2018. Former ICE acting director Thomas Homan issued a directive, saying ICE arrests were necessary because local jurisdictions often refused transfer of custody of “aliens” from their prisons and jails to ICE.

In March, Suffolk County DA Rachael Rollins told her staff to begin reporting all interactions with ICE agents directly to her. She also wanted them to report when they saw ICE agents questioning or arresting people in or near Suffolk County courthouses. Last April, Ryan filed an amicus letter with the Supreme Judicial Court raising concerns about ICE practices in court houses.

Although officials said it’s difficult to track the numbers, Ryan said the complaint gives about 15 to 20 examples where ICE enforcement in court houses caused a problem in the state in the past two years.

Gladys Vega who is an advocate in Chelsea for immigrants said her organization sees as many as five cases each week in which people are scared to go to court.

The Committee for Public Counsel Services, which provide legal services to people who cannot afford it, is also listed as a plaintiff in the case. Attorneys at Lawyers for Civil Rights and Goodwin Procter will represent plaintiffs pro bono.

Watch the full press conference with the DAs April 29, 2019:

U.S. Attorney Andrew Lelling announces the indictments of Judge Shelley Joseph, court officer Wesley MacGregor April 25, 2019:

Jenna Fisher, Patch Staff, contributed to this report from Boston. She can be reached at [email protected] or by calling 617-942-0474. Follow her on Twitter and Instagram (@ReporterJenna). Jason Claffey, Patch Staff, also contributed.

Dave Copeland can be reached at [email protected] or by calling 617-433-7851. Follow him on Twitter (@CopeWrites) and Facebook (/copewrites).

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