Boston DA considering criminal charges against ICE agent who arrested illegal immigrant during trial
A Massachusetts district attorney said he was considering criminal charges against a U.S. Immigration and Customs Enforcement (ICE) agent who was held in contempt of court for arresting an illegal immigrant in the middle of a criminal trial last month.
The Justice Department on Wednesday filed a motion to vacate the contempt order against ICE agent Brian Sullivan, who detained Wilson Martell-Lebron, a Dominican citizen, last month.
"Our motion is clear: the state court lacked authority to issue the unlawful and erroneous order," U.S. Attorney Leah B. Foley said in a statement. "The Supremacy Clause of the United States Constitution immunizes federal officers from state prosecution—including contempt proceedings—for actions taken in the course of their official duties."
The announcement by Suffolk County District Attorney Kevin Hayden could further strain relations with the Trump administration, which has accused Massachusetts officials of hindering its mass deportation program targeting criminal illegal immigrants.
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"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’re doing the exact opposite," Hayden said during a news conference. "Let me be clear: ICE's removal of this defendant represented an unacceptable and unprofessional interference with the defendant's right to trial."
Hayden’s criticism came after Sullivan detained Martell-Lebron, 49, also known as Juan Carlos Baez, according to court documents, as he was leaving a Boston court on March 27. His trial had just begun with opening statements and the first witnesses.
"This action by ICE was troubling and extraordinarily reckless," Hayden said. "ICE’s actions deprived Mr. Martell-Lebron of his right to a fair trial. It also deprived our office of our intent to hold the defendant accountable for his alleged crime."
In a Tuesday letter to Hayden, Foley said the DA must "cease from entertaining or pursuing any charges against Officer Sullivan or any other federal official relating to the arrest of Baez."
"As you know, Baez was in this country illegally, had prior arrests for serious drug trafficking offenses, and was arrested pursuant to a valid federal warrant," Foley wrote.
On Tuesday, Boston Municipal Court Judge Mark Summerville accused Sullivan of violating the rights of Martell-Lebron. Sullivan did not appear in court for the hearing.
"This is a disturbing case," Summerville said. "It's a case of obstruction of justice. It's a case of violating the defendant's right to be present at trial and confront witnesses against him. Couldn't be more serious."
Martell-Lebron was taken into custody after the second day of his trial on charges he allegedly provided false information on a driver’s license application.
Summerville criticized the DA's office and ordered prosecutors to investigate Sullivan. He eventually dismissed the case against Martell-Lebron after ICE failed to hand him over to local authorities, Hayden said.
Martell-Lebron was previously convicted in 2009 for trafficking cocaine.
Hayden and other Boston-area officials have claimed that ICE apprehending criminal illegal immigrants hasn't made the community safer.
However, ICE has touted the arrest of dozens of illegal immigrants charged with raping children and other violent crimes and drug trafficking.
Fox News Digital has reached out to ICE, the White House and the Department of Homeland Security.