Boston DA Threatened With Felony Charges After Finding ICE Agent in Contempt
U.S. Attorney of Massachusetts Leah Foley told Suffolk County District Attorney Kevin Hayden and a Boston judge to knock it off after threatening to hold an ICE agent in contempt because he arrested an illegal alien during his criminal trial.
Important to note: The ICE agent and troopers did not walk into the courtroom and grab the illegal alien. They arrested him outside of the courthouse.
Foley wrote in a letter to Hayden (emphasis mine):
In light of the removal to federal court, please be advised that your office lacks any authority whatsoever to proceed in the state court with respect to United States Immigration and Customs Enforcement Officer Brian Sullivan’s March 27, 2025 lawful arrest of Juan Carlos Baez, a/k/a Wilson Martell-Lebron. Your office 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.In your press conference today, you indicated that your office is considering whether to seek criminal contempt charges against federal officers for arresting Baez—that is, for doing their job. The fact that you disfavor ICE officers doing their jobs is not a basis for criminal charges. In fact, there is no legal basis for such charges. You may very well disagree with the enforcement of our federal immigration laws, but it is inappropriate to suggest to the public that federal officers can be criminally prosecuted by your office or any other state or local prosecutor’s office for performing their official duties. Any attempt or threat to interfere with the lawful actions of federal government agents will not be tolerated. Indeed, under Title 18, United States Code, Section 111(a), it is a felony offense to assault, resist, oppose, impede, intimidate, or interfere with an immigration officer’s efforts to duly execute the immigration laws of the United States.
Foley’s letter to Judge Mark Summerville echoed similar thoughts, reminding him that his court lacks any authority whatsoever to proceed in this matter with respect to United States Immigration and Customs Enforcement Officer Brian Sullivan or any other federal official relating to the lawful federal arrest of an illegal alien.”
“While you might 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,” wrote Foley. “Any attempt or threat to interfere with the lawful functions of federal government agents will not be tolerated.”
Sullivan and two Massachusetts State Police officers arrested the man during his trial on March 27.
The judge held Sullivan and the troopers in contempt. He also accused them of obstructing justice.
Hayden blasted ICE in a press conference last week:
“This action by ICE was troubling and extraordinarily reckless,” District Attorney Kevin Hayden said.—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 said. “Let me be clear: ICE’s removal of this defendant represented an unacceptable and unprofessional interference with the defendant’s right to trial.”—As the judge noted, 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,” Hayden said.
Summerville dismissed the charges against Martell-Lebron or Baez (whatever his real name is) for “allegedly making a false statement and forgery charges related to RMV documents” due to the arrest.
“I find that (ICE agent) Brian Sullivan and other agents of ICE conspired in a premeditated manner to take the defendant into custody,” declared Summerville. “But not just that, to not return him to court for his trial.”
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