A federal judge has dismissed a contempt ruling against a federal immigration agent who arrested a man in the middle of his trial last month.
The ruling was filed by Judge William G. Young on Monday, concluding a weeks-long dispute over actions taken by Immigration Customs and Enforcement (ICE), which led to a public rift involving Suffolk District Attorney Kevin Hayden, Boston Municipal Court Judge Mark Summerville, and U.S. Attorney for Massachusetts Leah Foley.
Foley’s office had moved to dismiss the contempt charge levied by the Boston judge, and the state’s Attorney General’s office did not oppose this motion, resulting in the case being tossed on Monday.
Attorney General Andrea Campbell’s office represented the trial courts in the federal case.
“In light of the response of the Trial Court of Massachusetts, there no longer exists a case or controversy between those parties and this case is dismissed without prejudice as moot,” Young’s court filing stated.
The Suffolk District Attorney’s Office declined to comment on their investigation into ICE agent Brian Sullivan.
On March 31, Judge Summerville found Sullivan in contempt of court, asserting that he had committed “intentional and egregious violations” of Wilson Martell-Lebron’s rights when he detained Martell-Lebron on the first day of his trial for false RMV information on March 27.
District Attorney Hayden previously criticized the actions of federal immigration agents as being “extraordinarily reckless.”
“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,” Hayden expressed during a press conference.
He further elaborated that the agency’s presence in Boston and the overall state has significantly disrupted criminal investigations.
“We’re now finding witnesses reluctant to cooperate with investigators, due to fear of ICE … We are seeing victims refuse to provide information about crimes against them, due to fear of ICE,” Hayden noted.
He emphasized that such actions ultimately harm public safety.
Despite acknowledging his office’s “long and successful history” in working with federal agencies to prosecute offenders and ensure public safety, Hayden stated that he “will not stand silent.”
Shortly after Hayden’s strong criticisms of ICE, Foley issued a pointed letter to Judge Summerville, arguing against the contempt ruling.
“While you may disagree with the enforcement of our federal immigration laws, there is simply no legal basis for you to hold federal officers in criminal contempt for carrying out their sworn duties,” Foley wrote.
She made it clear that any interference or threats to undermine the lawful functions of federal agents will not be accepted.
In a separate correspondence to Hayden, Foley urged him to “cease from entertaining or pursuing any charges” against the ICE officer or any other federal official.
“The fact that you disfavor ICE officers doing their jobs is not a basis for criminal charges,” Foley commented in her letter to the district attorney.
She emphasized that there is “no legal basis for such charges.”
“Rather than attacking the brave men and women enforcing the laws of the United States, I urge you to work with us to identify, prosecute, and remove the criminals who break them,” Foley added.
The Suffolk County District Attorney’s Office released a statement saying they would make no comment on the matter, reiterating that their primary concern, as voiced by DA Hayden, is that ICE’s recent actions make it more challenging to prosecute offenders and secure justice for victims.
In defense of his client, Martell-Lebron’s attorney Murat Erkan argued that “there was nothing necessary or proper about abducting somebody in the middle of their jury trial in a criminal case where they’ve pleaded not guilty.”
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