ICE Courthouse Arrests Blocked In Massachusetts After Escape

A federal judge on Thursday blocked U.S. Immigration & Customs Enforcement from making civil arrests of suspected undocumented immigrants in Massachusetts courthouses. The order blocks civil immigration arrests inside courthouses — but ICE can still make criminal arrests or arrest people already in custody. This comes just months after a Newton judge was indicted on charges accusing her of helping an undocumented man in her courtroom evade ICE agents.

Middlesex District Attorney Marian Ryan and Suffolk County District Attorney Rachael Rollins filed a lawsuit against ICE in April, and although they started work on the lawsuit a year ago, they connected the suit to the case against Newton District Judge Shelley Joseph.

According to court documents, Joseph, 51, of Natick, was handling a case regarding an undocumented man with drug charges and a fugitive warrant. Court documents said Joseph directed the courtroom clerk to tell the ICE officer to wait outside in the lobby, indicating that if the man was released, he would come through that door.

Audio recording captured Joseph, the defense attorney and the ADA speaking about the defendant and the ICE detainer and court documents show that Joseph asked the recording be turned off for about a minute, against courtroom rules. Court documents said after the session the court officer used his security access card to open the rear door and let man go.

Joseph was appointed as a district court judge in 2017. She was suspended without pay.

The case brought widespread attention, including from the ACLU of Massachusetts.

"The Department of Justice's decision to bring this case is preposterous, ironic, and deeply damaging to the rule of law," said Carol Rose the executive director of the ACLU of Massachusetts, said in a statement after the indictments were issued."The Department of Justice has now charged a state judge and court security officer based on a theory of obstruction that is shockingly aggressive."

In reaction to the order, DA Ryan mentioned making all residents in the state feel safe in courts, "Today our federal court has recognized the irreparable harm being caused by ICE’s policy of using our courthouses to conduct civil arrests. Every person in our Commonwealth should be able to seek justice in our courts without fear or hesitation," her statement reads.

DA Rollins offered her thanks in reaction to the news via Twitter, "As my staff and I closely review the decision, we look forward to continuing our vital work in courthouses across Suffolk County that will be positively impacted by today’s ruling," she tweeted.

WGBH reported that John Mohan, an ICE spokesman, said in an email that the agency is reviewing the court's decision and has no further comment, according to The Associated Press.