ICE Arrests Man At Seattle Court, A Troubling Tactic For Judges

SEATTLE, WA - An undocumented man from Mexico was arrested by federal Immigration and Customs Enforcement (ICE) officers outside the Seattle Municipal Court recently, a tactic that some in the law enforcement community oppose because it might scare people away from showing up for court dates.

According to federal court records, ICE agents arrested Dennis Barahona-Posadas, 42, on Dec. 31 as he was leaving the court after appearing for a hearing. Barahona was arrested in December for trying to steal $107 in merchandise from the Goodwill store along South Dearborn Street in Seattle.

The ICE agents had the downtown Seattle courthouse under surveillance. When they saw Barahona, they approached and, after a short foot chase, arrested him. The ICE agents learned of Barahona's theft charge by looking at King County Jail records.

ICE has turned to making arrests inside and outside of courts across the U.S. in response to sanctuary city policies, ICE spokesman Richard Rocha told Politifact last year. Seattle and King County have sanctuary policies in place, including barring government employees from asking people their immigration status. Additionally, the King County Sheriff's Office does not cooperate with federal administrative warrants.

In December, 70 retired state and federal judges - including two retired Washington Supreme Court justices - sent a letter to acting ICE Director Ronald D. Vitiello asking him to curtail courthouse arrests.

"We know firsthand that for courts to effectively do justice, ensure public safety, and serve their communities, the public must be able to access courthouses safely and without fear of retribution," the letter reads.

Seattle Municipal Court Presiding Judge Ed McKenna said he was not aware of this ICE arrest. The court has a policy against allowing immigration arrests inside the courthouse. In a 2017 letter to Mayor Jenny Durkan, McKenna said immigration arrests in the courthouse should be limited to situations where the public is in danger.

Local immigrants rights activists condemned the ICE arrest, highlighting guidance handed down by Wasington judges.

"We urge ICE to stop these practices and for state and local officials to take steps to ensure, to the extent possible, the separation of ICE from the state court and law enforcement systems," Northwest Immigrants Rights Project directing attorney Tim Warden-Hertz told Patch.

According to a Seattle police report, Barahona was arrested at the Goodwill Dec. 2 after a loss prevention officer watched him try to leave the store with about 12 items. Seattle officer Christoper Bandel questioned Barahona, who initially gave the officers a false name. Barahona told police he was homeless, and was hesitant to talk about where he was from, according to Bandel's report. He spent two days in the King County Jail before being released.

Barahona was deported to Guatemala and Honduras seven times between 2002 and 2015, according to court records, including one deportation ordered by a Seattle federal judge in 2015. On Tuesday, A federal judge ordered Barahona be kept in federal custody.

His next court date for the Seattel theft charge would have been Jan. 28.

ICE could not be reached for comment due to the partial federal government shutdown.

AP file photo/LM Otero