Judge Finds ICE Agent in Contempt for Arresting Illegal Migrant During Trial

A Boston judge has held a U.S. Immigration and Customs Enforcement (ICE) agent in contempt for arresting a defendant while he was in the middle of his trial.

ICE agent Brian Sullivan detained Wilson Martell-Lebron last week as he exited the courthouse. However, on Monday, a judge from the Boston Municipal Court determined that Sullivan had violated Martell-Lebron’s right to due process and a fair trial by taking him into custody during proceedings, according to the Associated Press.

“It’s a case of violating a defendant’s right to present at trial and confront witnesses against him,” Judge Mark Summerville stated. “It couldn’t be more serious.”

Summerville subsequently dismissed the charge against Martell-Lebron, who had been accused of providing false information on his driver’s license application, specifically by claiming a different identity. Following this decision, the judge filed the contempt charge against Sullivan, potentially prompting Suffolk County District Attorney Kevin Hayden to review the matter and determine whether further legal action is warranted.

“It’s reprehensible,” said Ryan Sullivan, an attorney for Martell-Lebron. “Law enforcement agents have a job to see justice is done. Prosecutors have a job to see justice is done. There is no greater injustice in my mind than the government arresting someone, without identifying themselves, and preventing them from exercising their constitutionally guaranteed right to a jury trial.”

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This event is the latest example of federal immigration authorities stepping up enforcement in the Boston area, where they are searching for individuals residing in the country unlawfully. The city has designated itself a “sanctuary city” for illegal immigrants, meaning local officials restrict law enforcement from aiding federal immigration agents.

Former President Donald Trump’s border advisor, Tom Homan, along with Republican lawmakers, have criticized Boston’s stance, arguing that the city’s refusal to cooperate aids in protecting individuals charged with violent offenses. Meanwhile, Mayor Michelle Wu, a Democrat seeking reelection, reaffirmed her commitment to maintaining Boston as a welcoming place for immigrants. She emphasized that city policies are structured to limit collaboration with federal immigration enforcement, per the AP.

Sullivan described a tense scene where ICE agents apprehended Martell-Lebron without identifying themselves, placed him into a vehicle, and left the scene. The trial had just commenced, with opening arguments and initial witness testimony underway.

According to Sullivan, Martell-Lebron, a native of the Dominican Republic who resides with family in Massachusetts, is currently being detained at the Plymouth facility due to allegations that he is an undocumented immigrant, as reported by the AP.

“What we were challenging is that they arrested him in the middle of his trial and did not return him,” he told the outlet. “If he had been brought to court on Friday morning by ICE, we would not have moved to dismiss. We would not be asking for sanctions. We would have just finished the trial.”

The presence of immigration agents at courthouses became more pronounced during Trump’s first term, leading to opposition from judges and local authorities. During his second term, Trump revoked a 2011 policy that generally restricted immigration enforcement at schools, religious institutions, and hospitals.

Under the current guidelines, federal immigration officials are permitted to 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,” unless restricted by state or local regulations.

During the two-day hearing, Sullivan testified that the prosecution’s key witness confirmed that both the Massachusetts State Police and prosecutors were aware of ICE’s intention to detain Martell-Lebron, according to the AP.

In a statement obtained by the newswire, the Massachusetts State Police defended their actions: “As in any situation where a member becomes aware of federal immigration enforcement, the Troopers responded appropriately by neither assisting nor obstructing the federal action.”