Newton Judge Under Investigation: Did She Help Someone Evade ICE?

NEWTON, MA — A Newton District Court judge is under federal investigation as to whether she helped someone evade ICE, the Boston Globe reports.

It's common practice for Federal authorities to issue requests to local police to hold an immigrant wanted for deportation until an ICE agent can retrieve the person, up to 48 hours.

The Globe reports the Newton police arrested Jose Medina-Perez on drug charges and a fugitive warrant for drunken driving charges in Pennsylvania. US Immigration and Customs Enforcement had requested police to hold him after his court date, according to a courtroom audio recording of the bench conference the Globe acquired. That same day ICE was in the courthouse, waiting to detain Perez, but he was escorted out the back and thus able to evade them.

Former US attorney Michael J. Sullivan told the Globe he would be surprised if any court official helped a defendant flee from federal authorities.

“There is a big difference between doing nothing and taking affirmative steps to prevent some authority from exercising its rights,” he said, according to the report.

The probe into whether the judge broke any laws comes amid a dance between state and municipalities concerned about immigration rights and federal officials who have been instructed to crack down on undocumented immigrants.

The Massachusetts Supreme Judicial Court ruled last year that police could not keep an immigrant in custody for only immigration violation. Newton, as with Boston and several other surrounding communities, declared itself a sanctuary city that will not help ICE round up undocumented residents.

But the judge may have violated at least two court policies: The Trial Court requires judges and other court personnel neither help nor hinder federal agents. And a court rule dictates that all sessions, aside from those presided over by a clerk, must be recorded.

Read the full Globe story here: Newton Judge Investigated

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