''United States v. Shelley M. Richmond Joseph and Wesley MacGregor'' (2019) was the federal criminal prosecution of a Massachusetts state court judge (Joseph) and

court officer A bailiff (from Middle English baillif, Old French ''baillis'', ''bail'' "custody") is a manager, overseer or custodian – a legal officer to whom some degree of authority or jurisdiction is given. Bailiffs are of various kinds and their offi ...

(MacGregor) for helping a state court defendant evade federal immigration authorities by allowing him to leave a court hearing through a rear door of the courthouse. Both were charged with conspiracy to

obstruct justice Obstruction of justice, in United States jurisdictions, is an act that involves unduly influencing, impeding, or otherwise interfering with the justice system, especially the legal and procedural tasks of prosecutors, investigators, or other gov ...

, aiding and abetting obstruction of justice, and aiding and abetting obstruction of a federal proceeding; MacGregor was also charged with

perjury Perjury (also known as foreswearing) is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding."Perjury The act or an inst ...

during

grand jury A grand jury is a jury—a group of citizens—empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a pe ...

proceedings. Joseph faced 20 years in prison; MacGregor, 30 years. Both could have been fined $250,000. On September 22, 2022, the case concluded with an announcement by federal prosecutors that the obstruction charges against both Joseph and MacGregor would be dismissed and that prosecution of the perjury charge against MacGregor would be deferred. As part of the resolution, Joseph agreed to submit to disciplinary proceedings before the Massachusetts Commission on Judicial Conduct. On April 2, 2018, an agent from

U.S. Immigration and Customs Enforcement The U.S. Immigration and Customs Enforcement (ICE) is a federal law enforcement agency under the U.S. Department of Homeland Security. ICE's stated mission is to protect the United States from the cross-border crime and illegal immigration tha ...

(ICE) arrived at the Newton District Court in

Newton, Massachusetts Newton is a city in Middlesex County, Massachusetts, United States. It is approximately west of downtown Boston. Newton resembles a patchwork of thirteen villages, without a city center. According to the 2020 U.S. Census, the population of Ne ...

in order to detain a suspected

undocumented immigrant Illegal immigration is the migration of people into a country in violation of the immigration laws of that country or the continued residence without the legal right to live in that country. Illegal immigration tends to be financially upwa ...

who was appearing as a defendant that day on state court charges. According to federal prosecutors, Joseph and MacGregor helped the defendant evade detention by allowing him to leave the courthouse through a rear exit while the ICE agent waited in the front lobby. A grand jury investigation began within weeks and on April 25, 2019, Joseph and MacGregor were indicted. Joseph surrendered to authorities and MacGregor was arrested at home. Both pled not guilty and were released without

bail Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required. In some countries ...

. MacGregor retired and Joseph is on administrative leave with pay pending trial. A motion to dismiss filed by Joseph was denied, and as of July 2020, no trial date has been set. Federal prosecutions of state judges are extremely rare in the United States. This was the first prosecution of a sitting Massachusetts judge since 1787, when a judge was prosecuted for helping rebels in

Shays' Rebellion Shays Rebellion was an armed uprising in Western Massachusetts and Worcester in response to a debt crisis among the citizenry and in opposition to the state government's increased efforts to collect taxes both on individuals and their trades. The ...

. The case came amid escalating tensions between the

Trump administration Donald Trump's tenure as the List of presidents of the United States, 45th president of the United States began with Inauguration of Donald Trump, his inauguration on January 20, 2017, and ended on January 20, 2021. Trump, a Republican Party ...

and so-called "

sanctuary cities Sanctuary city (; ) refers to municipal jurisdictions, typically in North America, that limit their cooperation with the national government's effort to enforce immigration law. Leaders of sanctuary cities say they want to reduce fear of deport ...

" such as Newton, where local officials openly refused to enforce the administration's immigration policies. Reactions to the prosecution were divided, and the case resulted in legislation and additional lawsuits brought by both supporters and opponents, seeking to loosen or strengthen enforcement of federal immigration laws in local courtrooms.

Background

After taking office in 2017, the Republican

prioritized reducing immigration (legal and illegal), increased deportations, and revoked protections for immigrants who had previously been allowed to remain in the United States. Democrats, immigration advocates, and others resisted these policies, calling them unfair and antithetical to American values. Trump regularly criticized "

" and states that refused to cooperate with federal immigration enforcement. In 2018, Trump publicly urged Attorney General

Jeff Sessions Jefferson Beauregard Sessions III (born December 24, 1946) is an American politician and attorney who served as the 84th United States Attorney General from 2017 to 2018. A member of the Republican Party, he previously served as United State ...

to bring charges for

obstruction of justice Obstruction of justice, in United States jurisdictions, is an act that involves unduly influencing, impeding, or otherwise interfering with the justice system, especially the legal and procedural tasks of prosecutors, investigators, or other gov ...

against

Oakland, California Oakland is the largest city and the county seat of Alameda County, California, United States. A major West Coast of the United States, West Coast port, Oakland is the largest city in the East Bay region of the San Francisco Bay Area, the third ...

mayor

Libby Schaaf Elizabeth Beckman Schaaf (born November 12, 1965) is an American politician who has been Mayor of Oakland, California since 2015. A member of the Democratic Party, she previously served on the Oakland City Council. Schaaf won the November 4, 20 ...

for warning Oakland residents about an impending raid by the federal

Immigration and Customs Enforcement The U.S. Immigration and Customs Enforcement (ICE) is a federal law enforcement agency under the U.S. Department of Homeland Security. ICE's stated mission is to protect the United States from the cross-border crime and illegal immigration tha ...

(ICE) agency. By April 2019, the Trump administration was in a "standoff" with sanctuary cities over local enforcement of immigration policies. That month, Trump suggested busing migrants from the US border to sanctuary cities, which critics called callous and Trump allies called impractical. Thomas D

Though not the first state where local officials refused to enforce Trump's immigration policies,

Massachusetts Massachusetts (Massachusett language, Massachusett: ''Muhsachuweesut assachusett writing systems, məhswatʃəwiːsət'' English: , ), officially the Commonwealth of Massachusetts, is the most populous U.S. state, state in the New England ...

had been a leader in the sanctuary city movement. The legal fight over ICE detentions strained the state court system. Massachusetts state courts passed legal rulings limiting the ability of ICE agents to detain immigrants at state courthouses. According to a retired state court judge, federal immigration authorities were "furious" at the

Massachusetts Supreme Judicial Court The Massachusetts Supreme Judicial Court (SJC) is the court of last resort, highest court in the Commonwealth (U.S. state), Commonwealth of Massachusetts. Although the claim is disputed by the Supreme Court of Pennsylvania, the SJC claims the di ...

(SJC), the state's highest court, for a 2017 ruling that state courts could not hold people solely because of ICE

detainer Detainer (from detain, Latin detinere); originally in British law, the act of keeping a person against his will, or the wrongful keeping of a person's goods, or other Real property, real or personal property. A writ of detainer was a form for the be ...

s. The SJC ruled that state law enforcement officials lacked the authority under state law to detain a person based on an ICE detainer. Massachusetts courts have also issued rules requiring judges and their staff to neither assist nor obstruct federal immigration authorities. In response to the 2017 SJC ruling,

Massachusetts Governor The governor of the Commonwealth of Massachusetts is the chief executive officer of the government of Massachusetts. The governor is the head of the state cabinet and the commander-in-chief of the commonwealth's military forces. Massachusetts ...

Charlie Baker Charles Duane Baker Jr. (born November 13, 1956) is an American politician and businessman serving as the 72nd governor of Massachusetts since 2015. A member of the Republican Party, Baker was a cabinet official under two governors of Massach ...

, a Republican, filed legislation that would have given state officers authority to honor ICE detainer requests for criminal suspects and convicts. Republicans in the

Massachusetts House of Representatives The Massachusetts House of Representatives is the lower house of the Massachusetts General Court, the state legislature of the Commonwealth of Massachusetts. It is composed of 160 members elected from 14 counties each divided into single-member ...

have also introduced similar bills and budget amendments. As of April 2019, none have passed. In 2018, ICE's acting director

Thomas Homan Thomas Douglas Homan is an American former police officer and government official who served during the Trump Administration as Acting Director of the U.S. Immigration and Customs Enforcement (ICE) from January 30, 2017 to June 29, 2018. Since hi ...

issued a policy directive allowing agents to enter state courthouses to arrest unauthorized immigrants. Judges, lawyers, and other advocates criticized the

for increasing courthouse arrests of immigrants, arguing it disrupts the criminal justice system, "scaring people away from halls of justice". Schools and places of worship were considered "sensitive locations"free from immigration enforcement but the Trump administration had resisted calls to similarly designate courthouses, arguing that courthouses are good places to make arrests because visitors are screened for weapons.

Alleged incident

On March 30, 2018, Jose Medina-Perez, a 38-year-old undocumented immigrant from the

Dominican Republic The Dominican Republic ( ; es, República Dominicana, ) is a country located on the island of Hispaniola in the Greater Antilles archipelago of the Caribbean region. It occupies the eastern five-eighths of the island, which it shares wit ...

, was arrested for narcotics possession in Newton, which had been a sanctuary city since 2017. He was also thought to be the subject of a

drunk driving Drunk driving (or drink-driving in British English) is the act of driving under the influence of alcohol. A small increase in the blood alcohol content increases the relative risk of a motor vehicle crash. In the United States, alcohol is invo ...

warrant issued in

Pennsylvania Pennsylvania (; ( Pennsylvania Dutch: )), officially the Commonwealth of Pennsylvania, is a state spanning the Mid-Atlantic, Northeastern, Appalachian, and Great Lakes regions of the United States. It borders Delaware to its southeast, ...

. After his fingerprints were found to match those of someone deported from the US twice (2003 and 2007) and barred from re-entering the US until 2027, ICE issued a

. On April 2, 2018, Medina-Perez was brought to the Newton District Court, described by ''

The New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...

'' as "a sleepy, two-room courthouse in a wealthy, liberal suburb." According to the indictment, at 9:30 a.m. an ICE officer arrived to observe the hearing and detain Medina-Perez if he were released. Medina-Perez's hearing began at 2:48 p.m., with Massachusetts state District Court Judge Shelley Richmond Joseph (a former assistant attorney general and criminal defense attorney) presiding. Joseph had the clerk ask the ICE officer to leave the courtroom and wait in the lobby. According to Joseph, this was in keeping with court policy at the time. According to the indictment, the ICE officer was told that Medina-Perez, if released, would leave through the lobby. Joseph held a sidebar conference with the prosecutor and Medina-Perez's defense attorney. Medina-Perez was eligible to be released on

bail bond Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required. In some countries ...

, and during the sidebar conference, Medina-Perez's attorney told Joseph that Medina-Perez had an ICE

, and that if he were returned to the Billerica jail and released from there, ICE would apprehend him. Joseph instructed the court clerk to deactivate the audio recorder in the courtroom, allegedly in violation of Massachusetts courtroom rules. The recording remained off for 52 seconds. According to the indictment, the recorder was reactivated at 2:41 p.m. The prosecutor asked Joseph to dismiss the fugitive warrant because Medina-Perez did not resemble the mugshot of the Pennsylvania fugitive. Joseph granted the request and the fugitive charge was dismissed. The drug possession charge did not require Medina-Perez to be held in custody, and would be the subject of a pre-trial conference held at a later date. Joseph ordered Medina-Perez to be released. Medina-Perez's attorney told Joseph that Medina-Perez had some property "downstairs", and asked for permission to speak with Medina-Perez "downstairs with the interpreter". According to the indictment, Joseph ordered Medina-Perez to exit through the basement lockup facility. MacGregor escorted Medina-Perez, his attorney, and an interpreter to the court's basement lockup facility, where at 3:01 p.m. he used his security access card to open a rear exit to a public parking lot and allow Medina-Perez to leave the courthouse. The ICE officer was not informed and remained in the lobby until the court closed at 4:30 p.m. ''The New York Times'' reported that Medina-Perez "climbed over a fence at the back of the courthouse parking lot." He was arrested by police again later the same month, and again faced deportation.

Pre-trial proceedings

News of Medina-Perez's release from custody reached ICE headquarters in

Washington, D.C. ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...

within hours. ICE's then-director of enforcement and removal operations

Matthew Albence Matthew Albence is a former American law enforcement officer and government official. He served as acting director of U.S. Immigration and Customs Enforcement from July 5, 2019 to August 25, 2020 and between April 13 and May 27, 2019. Education ...

informed acting ICE director

later that day. Homan believed it was clearly

, but ICE did not have the legal authority to prosecute; only a

US Attorney United States attorneys are officials of the U.S. Department of Justice who serve as the chief federal law enforcement officers in each of the 94 U.S. federal judicial districts. Each U.S. attorney serves as the United States' chief federal c ...

could seek an

indictment An indictment ( ) is a formal accusation that a legal person, person has committed a crime. In jurisdictions that use the concept of felony, felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concep ...

. According to ''The New York Times'', "The idea of such a prosecution was popular in Washington." A grand jury was convened within weeks and proceedings continued for a year. MacGregor testified before the grand jury on July 12, 2018. On December 1, 2018, ''

The Boston Globe ''The Boston Globe'' is an American daily newspaper founded and based in Boston, Massachusetts. The newspaper has won a total of 27 Pulitzer Prizes, and has a total circulation of close to 300,000 print and digital subscribers. ''The Boston Glob ...

'' reported that a grand jury was investigating Joseph for obstruction of justice.

Indictment and plea

On April 25, 2019, Joseph and MacGregor were indicted for conspiracy to obstruct justice and aiding and abetting obstruction of justice and

obstructing an official proceeding Corruptly obstructing, influencing, or impeding an official proceeding is a felony under U.S. federal law. It was enacted as part of the Sarbanes–Oxley Act of 2002 as a reaction to the Enron scandal, and closed a legal loophole on who could be ...

; MacGregor was also charged with

for allegedly telling the

that he had been unaware of Medina-Perez's ICE detainer. Prosecutors also allege that MacGregor falsely told state judges that he had accidentally disabled the courtroom audio recorder through his unfamiliarity with it. Joseph and MacGregor each face 20 years and could be fined $250,000. They pleaded not guilty and were released without

Suspension and legal fees

The

(SJC), the state's highest court, suspended Joseph without pay on the day she was indicted. She asked the SJC to restore her pay and allow her to work on administrative tasks for the courts while the case against her proceeded. Lawyers' and retired judges' groups supported Joseph's request. The SJC held a hearing on June 26, 2019. On August 13, 2019, in a 43-page, 5–1 decision, the SJC ordered the restoration of Joseph's $181,328 salary, with benefits and $51,000 in backpay retroactive to April 25, 2019. Chief Justice Ralph Gants wrote for the court, "In turbulent times, the risk of being stripped of a paycheck may have a chilling effect on a judge’s willingness to challenge the conduct of a prosecutor and thereby diminish the overall independence of the judiciary." The sole dissenting justice,

Frank Gaziano Frank M. Gaziano (born September 8, 1963) is an associate justice of the Massachusetts Supreme Judicial Court. Early life and education Born in Quincy, Massachusetts, Gaziano received his Bachelor of Arts from Lafayette College in 1986 and his J ...

, wrote that the court's decision "smacks of preferential treatment, and thereby erodes public confidence in the judiciary". Although Joseph's salary was restored, the SJC unanimously voted against her request to be assigned to administrative duties during her suspension. Prior to her indictment, the State of Massachusetts paid Joseph's legal fees, amounting to $127,000. A

GoFundMe GoFundMe is an American for-profit crowdfunding platform that allows people to raise money for events ranging from life events such as celebrations and graduations to challenging circumstances like accidents and illnesses. From 2010 to the b ...

campaign was created to help the judge pay legal fees when she was suspended. Wesley MacGregor also received $2,500 for legal fees from the state.

Motion to dismiss

In September 2019, Joseph filed a motion to dismiss the charges against her, which she called "unprecedented", asserting that "no state judge has ever been prosecuted for not facilitating the immigration policies of the federal government". A group of 61 retired Massachusetts judges, together with US law professors and others, filed an

amicus curiae An ''amicus curiae'' (; ) is an individual or organization who is not a party to a legal case, but who is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case. The decision on ...

brief in support of the motion to dismiss, arguing that "Occasionally frustrating the expectations of the executive branch is a core function of an independent judiciary." The brief contended that Joseph wasn't obstructing justice but ensuring it, and that "if Judge Joseph is prosecuted, every Massachusetts judge in every Massachusetts courthouse will feel a constant external pressure to refrain from actions that might antagonize federal officials". The district court denied the motion on July 27, 2020. Joseph appealed the ruling to the

United States Court of Appeals for the First Circuit The United States Court of Appeals for the First Circuit (in case citations, 1st Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts: * District of Maine * District of Massachusetts * ...

, which heard oral arguments in the case in December 2021. On March 3, 2022, a three judge panel of the circuit court refused to overturn the lower court's denial of Joseph's motion to dismiss, clearing the way for the criminal case against her to proceed.

Dismissal of charges

On September 22, 2022, the federal prosecutor overseeing the case announced that all charges against Joseph would be dismissed as part of an agreement requiring Joseph to self-refer to the Massachusetts Commission on Judicial Conduct and make certain admissions in connection with that referral. The Commission has the authority to investigate and recommend discipline for judicial misconduct. The prosecutor also announced that a

deferred prosecution agreement A deferred prosecution agreement (DPA), which is very similar to a non-prosecution agreement (NPA), is a voluntary alternative to adjudication in which a prosecutor agrees to grant amnesty in exchange for the defendant agreeing to fulfill certain ...

would resolve the perjury charge against MacGregor, while the obstruction of justice counts against him would be dismissed.

Impact and reactions

Nationwide, federal prosecutions of state judges are exceedingly rare. Joseph's indictment was the first time a sitting judge was indicted for criminal behavior in Massachusetts since 1787, when a judge was found guilty of libel and removed from the bench for defending farmers involved in

. The "closely-watched case" drew national attention and sparked a debate about states refraining from carrying out the "increasingly tough" immigration policies of the

. An article in ''

USA Today ''USA Today'' (stylized in all uppercase) is an American daily middle-market newspaper and news broadcasting company. Founded by Al Neuharth on September 15, 1982, the newspaper operates from Gannett's corporate headquarters in Tysons, Virgini ...

'' described it as "an unusual escalation in the federal government's strict immigration enforcement policy, and its battles with states and local governments that shelter migrants". ''

Fox News The Fox News Channel, abbreviated FNC, commonly known as Fox News, and stylized in all caps, is an American multinational conservative cable news television channel based in New York City. It is owned by Fox News Media, which itself is owne ...

'' commentator

Laura Ingraham Laura Anne Ingraham (born June 19, 1963) is an American conservative television host. Gale Biography In Context. She has been the host of ''The Ingraham Angle'' on Fox News Channel since October 2017, and is the editor-in-chief of LifeZette. ...

described the case as an example of " activist judges undermining Trump's immigration policies". Andrew E

''The New York Times'' reported that some members of Massachusetts's legal and immigration rights community have "kept a distance" from Joseph, "in part because the evidence against her was damning", but that "legal heavyweights have rallied in her defense," arguing that

United States Attorney for the District of Massachusetts The United States District Court for the District of Massachusetts (in case citations, D. Mass.) is the federal district court whose territorial jurisdiction is the Commonwealth of Massachusetts, United States. The first court session was held ...

Andrew Lelling Andrew E. Lelling (born 1970) is an American attorney who served as the United States Attorney for the District of Massachusetts from 2017 to 2021. He is best known for leading Operation Varsity Blues, the federal investigation and prosecution o ...

, who oversaw the prosecution, "crossed a line by indicting a state judge, inviting the use of federal power to intimidate state officials into compliance." Boston newspapers have reported regularly on the case. One letter-writer to ''

'' compared Joseph with

Henry David Thoreau Henry David Thoreau (July 12, 1817May 6, 1862) was an American naturalist, essayist, poet, and philosopher. A leading Transcendentalism, transcendentalist, he is best known for his book ''Walden'', a reflection upon simple living in natural su ...

and

Martin Luther King Jr. Martin Luther King Jr. (born Michael King Jr.; January 15, 1929 – April 4, 1968) was an American Baptist minister and activist, one of the most prominent leaders in the civil rights movement from 1955 until his assassination in 1968 ...

Writing in ''

The Boston Herald The ''Boston Herald'' is an American daily newspaper whose primary market is Boston, Massachusetts, and its surrounding area. It was founded in 1846 and is one of the oldest daily newspapers in the United States. It has been awarded eight Pulit ...

'', right-wing radio host

Howie Carr Howard Louis Carr Jr. (born January 17, 1952) is an American conservative radio talk-show host, political author, news reporter and award-winning writer. He hosts ''The Howie Carr Show'' originating from his studios in Wellesley, MA and broadca ...

called Joseph "a lawless, privileged

moonbat "Moonbat" is a pejorative political epithet used in United States politics, referring to liberals, progressives, or leftists (especially the far-left). Etymology Descriptions of bat-like people on the Moon were part of the 1835 Great Moon hoax. ...

judge ... hoping for an O. J. Simpson-like

jury nullification Jury nullification (US/UK), jury equity (UK), or a perverse verdict (UK) occurs when the jury in a criminal trial gives a not guilty verdict despite a defendant having clearly broken the law. The jury's reasons may include the belief that the ...

from 12 Democrats afflicted with Trump Derangement Syndrome." Supporters of Joseph warned that the federal case will lead to the prosecution of more judges, undermining judicial independence.

Massachusetts Attorney General The Massachusetts Attorney General is an elected Constitution of Massachusetts, constitutionally defined executive officer of the Government of Massachusetts, Massachusetts Government. The officeholder is the chief lawyer and law enforcement offic ...

Maura Healey Maura Tracy Healey (born February 8, 1971) is an American politician and lawyer serving as the Massachusetts Attorney General since January 2015. She is the governor-elect of Massachusetts, having won the 2022 Massachusetts gubernatorial elect ...

criticized the indictment as "a radical and politically motivated attack on our state and the independence of our courts" and "misuse of prosecutorial resources". Lelling denied that the indictment was meant to send a political message, saying, "We did not bring this case in response to the public debate over immigration enforcement". The Massachusetts chapter of the

American Civil Liberties Union The American Civil Liberties Union (ACLU) is a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". T ...

(ACLU) described the case as "preposterous, ironic, and deeply damaging to the rule of law," saying the decision "seems to have little to do with the actual facts, and everything to do with enforcing the president's anti-immigrant agenda". Massachusetts ACLU director Carol Rose called the case "outrageous", saying that Joseph must prioritize ensuring fair access to justice, and that ICE agents posted in courthouses could deter immigrants from going to court or reporting crimes, depriving them of their right to justice. After the indictment, Rose called on the

Massachusetts state legislature The Massachusetts General Court (formally styled the General Court of Massachusetts) is the state legislature of the Commonwealth of Massachusetts. The name "General Court" is a hold-over from the earliest days of the Massachusetts Bay Colony, ...

to pass the Safe Communities Act (H.3724), also known as the "Access to Justice Bill", which would reduce state law enforcement's ability to coordinate with ICE. During grand jury investigations in December 2018,

called for Joseph to be temporarily removed from office. Baker supported Joseph's suspension following her indictment, issuing a statement saying that "no one should obstruct federal law enforcement officials trying to do their jobs" and noting that his administration "has filed legislation to allow court officials as well as law-enforcement to work with federal immigration officials to detain dangerous individuals." In April 2019, two Massachusetts

district attorney In the United States, a district attorney (DA), county attorney, state's attorney, prosecuting attorney, commonwealth's attorney, or state attorney is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a l ...

s filed a lawsuit against ICE to stop its practice of apprehending people at Massachusetts courthouses. The lawsuit said the arrests deter victims and witnesses from seeking relief from and cooperating with the courts. According to the suit, ICE's courthouse arrests violate defendants' constitutional rights and have prevented some immigrants from receiving court-ordered drug and mental health services, and caused others to violate their probation or otherwise default on court orders. On June 20, 2019, U.S. District Judge

Indira Talwani Indira Talwani (born October 6, 1960) is a judge on the United States District Court for the District of Massachusetts. Biography Talwani received a Bachelor of Arts degree, cum laude, in 1982, from Radcliffe College. She received a Juris Doctor ...

of the

United States District Court for the District of Massachusetts The United States District Court for the District of Massachusetts (in case citations, D. Mass.) is the federal district court whose territorial jurisdiction is the Commonwealth of Massachusetts, United States. The first court session was hel ...

granted a

preliminary injunction An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in par ...

in the case temporarily prohibiting ICE agents from making arrests at Massachusetts courthouses. By July 2019, the lawsuit was being pursued by a coalition of district attorneys, public defenders, and other advocates. On May 22, 2021, the lawsuit was dropped after the

Biden administration Joe Biden's tenure as the 46th president of the United States began with his inauguration on January 20, 2021. Biden, a Democrat from Delaware who previously served as vice president under Barack Obama, took office following his victory ...

changed ICE policy to no longer make routine arrests at courthouses.

Notes

References

{{reflist, refs= {{Cite web , url=https://www.aclum.org/sites/default/files/field_documents/20190916_us-v-_joseph_retired_judges_amicus.pdf , title=Memorandum of Amicus Curiae - The Ad Hoc Committee for Judicial Independence , access-date=2019-12-01 , archive-url=https://web.archive.org/web/20191117093117/https://www.aclum.org/sites/default/files/field_documents/20190916_us-v-_joseph_retired_judges_amicus.pdf , archive-date=2019-11-17 , url-status=live {{Cite news, date=2019-08-13, title=Judge Accused of Aiding Wanted Immigrant Gets Pay Restored, url=https://www.usnews.com/news/us/articles/2019-08-13/judge-accused-of-aiding-wanted-immigrant-gets-pay-restored, agency=

Associated Press The Associated Press (AP) is an American non-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association. It produces news reports that are distributed to its members, U.S. newspa ...

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, access-date=2019-11-20, language=en-US, issn=0362-4331, archive-url=https://web.archive.org/web/20191116191413/https://www.nytimes.com/2019/11/16/us/shelley-joseph-immigration-judge.html, archive-date=2019-11-16, url-status=live, url-access=subscription {{Cite news, work=

BBC News BBC News is an operational business division of the British Broadcasting Corporation (BBC) responsible for the gathering and broadcasting of news and current affairs in the UK and around the world. The department is the world's largest broadca ...

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CommonWealth Magazine The Massachusetts Institute for a New Commonwealth, or "MassINC," is registered as a non-profit 501(c) organization that functions as a nonpartisan, evidence-based think tank. Its mission is to develop a public agenda for Massachusetts that pro ...

, language=en-US, access-date=2019-11-20 {{Cite web , url=https://www2.bostonglobe.com/metro/2018/12/01/newton-judge-role-reportedly-examined-after-immigrant-evades-ice/Mshdn3gIlPZhVA7mZ9fa3M/story.html , title= newton-judge-role-reportedly-examined-after-immigrant-evades-ice , access-date=2019-11-23 , archive-url=https://web.archive.org/web/20191117093142/https://www.bostonglobe.com/metro/2018/12/01/newton-judge-role-reportedly-examined-after-immigrant-evades-ice/Mshdn3gIlPZhVA7mZ9fa3M/story.html , archive-date=2019-11-17 , url-status=live {{Cite web , url=https://www.bostonglobe.com/metro/2019/05/23/suspended-newton-judge-declined-plea-deal-that-would-have-meant-criminal-charges/5m6v0odAszNCTFxD0SC9WP/story.html , title= suspended-newton-judge-declined-plea-deal-that-would-have-meant-criminal-charges , website=

, access-date=2019-11-23 , archive-url=https://web.archive.org/web/20190824054344/https://www.bostonglobe.com/metro/2019/05/23/suspended-newton-judge-declined-plea-deal-that-would-have-meant-criminal-charges/5m6v0odAszNCTFxD0SC9WP/story.html , archive-date=2019-08-24 , url-status=live {{cite news, last=Burkholder, first=Steve, date=2019-04-25, title=Massachusetts judge and ex-official accused of preventing migrant's arrest by ICE, newspaper=

The Washington Post ''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large nati ...

, url=https://www.washingtonpost.com/immigration/massachusetts-judge-and-ex-official-accused-of-preventing-migrants-arrest-by-ice/2019/04/25/664ed43c-677e-11e9-82ba-fcfeff232e8f_story.html, access-date=2019-11-30, language=en, url-access=subscription, archive-url=https://web.archive.org/web/20190729110418/https://www.washingtonpost.com/immigration/massachusetts-judge-and-ex-official-accused-of-preventing-migrants-arrest-by-ice/2019/04/25/664ed43c-677e-11e9-82ba-fcfeff232e8f_story.html, archive-date=2019-07-29, url-status=live {{Cite news, url=https://www.foxnews.com/us/judge-accused-of-helping-shield-illegal-immigrant-has-pay-restored-as-case-proceeds, title=Judge accused of helping shield illegal immigrant has pay restored as case proceeds, last=Casiano, first=Louis, date=2019-08-13, work=

, language=en-US, access-date=2019-11-20, archive-url=https://web.archive.org/web/20191102113133/https://www.foxnews.com/us/judge-accused-of-helping-shield-illegal-immigrant-has-pay-restored-as-case-proceeds, archive-date=2019-11-02, url-status=live {{cite news , last1=Cramer , first1=Maria , last2=Estes , first2=Andrea , last3=Stout , first3=Matt , url=https://www.bostonglobe.com/metro/2019/04/25/federal-prosecutors-charge-mass-judge-with-obstructing-justice/XuNadgoVjMjlRkc9cjPH0L/story.html , title=Mass. judge faces federal charges over defendant's evasion of ICE , work=

, date=2019-04-26 , url-status=live , archiveurl=https://web.archive.org/web/20190425200219/https://www2.bostonglobe.com/metro/2019/04/25/federal-prosecutors-charge-mass-judge-with-obstructing-justice/XuNadgoVjMjlRkc9cjPH0L/story.html , archivedate=2019-04-25 , accessdate=2019-05-21 {{Cite news, url=https://www.masslive.com/boston/2019/04/mass-ag-maura-healey-says-indictments-of-judge-shelley-joseph-court-officer-in-ice-case-is-radical-and-politically-motivated-attack-on-our-state.html, title=Mass. AG Maura Healey says indictments of Judge Shelley Joseph, court officer in ICE case is 'radical and politically-motivated attack on our state', last=Croteau, first=Scott, date=2019-04-25, work=

Mass Live Mass is an intrinsic property of a body. It was traditionally believed to be related to the quantity of matter in a physical body, until the discovery of the atom and particle physics. It was found that different atoms and different elementar ...

, language=en, access-date=2019-11-20, archive-url=https://web.archive.org/web/20190813024623/https://www.masslive.com/boston/2019/04/mass-ag-maura-healey-says-indictments-of-judge-shelley-joseph-court-officer-in-ice-case-is-radical-and-politically-motivated-attack-on-our-state.html, archive-date=2019-08-13, url-status=live {{Cite news, url=https://www.newsweek.com/who-shelley-joseph-judge-being-investigated-helping-immigrant-flee-arrest-ice-1242682, title=Who is Shelley Joseph? Judge being investigated for allegedly helping immigrant flee arrest by ICE, first=Chantal, last=Da Silva, author-link=Chantal Da Silva, date=2018-12-05, work=

Newsweek ''Newsweek'' is an American weekly online news magazine co-owned 50 percent each by Dev Pragad, its president and CEO, and Johnathan Davis (businessman), Johnathan Davis, who has no operational role at ''Newsweek''. Founded as a weekly print m ...

, language=en, access-date=2019-11-20, archive-url=https://web.archive.org/web/20190128050214/https://www.newsweek.com/who-shelley-joseph-judge-being-investigated-helping-immigrant-flee-arrest-ice-1242682, archive-date=2019-01-28, url-status=live {{Cite news, last=Dewey, first=Eliza, url=https://www.wgbh.org/news/politics/2019/05/06/us-attorney-andrew-lelling-doubles-down-on-judge-joseph-indictment, title=U.S. Attorney Andrew Lelling Doubles Down On Judge Joseph Indictment, date=2019-05-06, work= WGBH News, language=en, access-date=2019-11-20, archive-url=https://web.archive.org/web/20190704154728/https://www.wgbh.org/news/politics/2019/05/06/us-attorney-andrew-lelling-doubles-down-on-judge-joseph-indictment, archive-date=2019-07-04, url-status=live {{cite news , last=Dooling , first=Shannon , url=https://www.wbur.org/news/2019/08/13/newton-judge-pay-ice-arrest-charged , title=State's Highest Court Reverses Itself, Reinstating Pay For Mass. Judge Accused Of Helping Immigrant Evade ICE Arrest , work=

WBUR-FM WBUR-FM (90.9 FM) is a public radio station located in Boston, Massachusetts, owned by Boston University. It is the largest of three NPR member stations in Boston, along with WGBH and WUMB-FM and produces several nationally distributed programs ...

, date=2019-08-13 , accessdate=2019-08-14 {{cite press release, date=2019-04-25, title=Massachusetts District Court Judge and Court Officer Indicted for Obstruction of Justice, publisher=

United States Attorney United States attorneys are officials of the U.S. Department of Justice who serve as the chief federal law enforcement officers in each of the 94 U.S. federal judicial districts. Each U.S. attorney serves as the United States' chief federal c ...

for the

District of Massachusetts The United States District Court for the District of Massachusetts (in case citations, D. Mass.) is the federal district court whose territorial jurisdiction is the Commonwealth of Massachusetts, United States. The first court session was hel ...

, access-date=2019-11-23, url=https://www.justice.gov/usao-ma/pr/massachusetts-district-court-judge-and-court-officer-indicted-obstruction-justice, archive-url=https://web.archive.org/web/20190825115551/https://www.justice.gov/usao-ma/pr/massachusetts-district-court-judge-and-court-officer-indicted-obstruction-justice, archive-date=2019-08-25, url-status=live {{Cite news, last1=Garrison, first1=Joey, last2=Johnson, first2=Kevin, date=2019-04-25, url=https://www.usatoday.com/story/news/politics/2019/04/25/doj-charges-judge-obstruction-allowing-illegal-immigrant-escape-ice/3574450002/, title=Feds charge Mass. judge with obstruction for aiding undocumented immigrant's escape from ICE, work=

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, language=en-US, access-date=2019-11-20, archive-url=https://web.archive.org/web/20190819085058/https://www.usatoday.com/story/news/nation/2019/08/13/ice-obstruction-case-judge-can-keep-salary/1996936001/, archive-date=2019-08-19, url-status=live {{Cite news, last=Gonzales, first=Richard, date=2018-12-04, url=https://www.npr.org/2018/12/04/673091518/massachusetts-state-judge-suspected-of-aiding-an-immigrant-to-flee-ice, title=Massachusetts State Judge Suspected Of Aiding An Immigrant To Flee ICE, work=

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, language=en, access-date=2019-11-20, archive-url=https://web.archive.org/web/20191002131004/https://www.npr.org/2018/12/04/673091518/massachusetts-state-judge-suspected-of-aiding-an-immigrant-to-flee-ice, archive-date=2019-10-02, url-status=live {{cite news , url=https://www.bostonherald.com/2019/06/13/taxpayers-picked-up-judge-josephs-127000-legal-bill/ , title=Taxpayers picked up Judge Joseph's $127,000 legal bill , work=

Boston Herald The ''Boston Herald'' is an American daily newspaper whose primary market is Boston, Massachusetts, and its surrounding area. It was founded in 1846 and is one of the oldest daily newspapers in the United States. It has been awarded eight Pulit ...

, date=2019-06-14 , accessdate=2019-06-14 {{Cite news, date=2019-04-25, url=https://politi.co/2GFhnBM, title=DOJ charges judge with helping undocumented immigrant evade arrest, last=Hesson, first=Ted, work=

Politico ''Politico'' (stylized in all caps), known originally as ''The Politico'', is an American, German-owned political journalism newspaper company based in Arlington County, Virginia, that covers politics and policy in the United States and intern ...

, language=en, access-date=2019-11-20 {{Cite news, last=Ingraham, first=Laura, author-link=Laura Ingraham, url=https://www.foxnews.com/transcript/mass-judge-suspected-of-helping-illegal-immigrant-flee-ice, title=Mass. judge suspected of helping illegal immigrant flee ICE, date=2018-12-06, work=

, language=en-US, access-date=2019-11-20, archive-url=https://web.archive.org/web/20181212145005/https://www.foxnews.com/transcript/mass-judge-suspected-of-helping-illegal-immigrant-flee-ice, archive-date=2018-12-12, url-status=live {{Cite news, last=Johnson, first=Akilah, date=2018-04-27, url=https://www.bostonglobe.com/metro/2018/04/27/attorney-supports-ice-arrest-chinese-immigrant-federal-court/DQBs6upFM7Lo8NIqzMyjFN/story.html, title= US attorney supports ICE arrest of Chinese immigrant in federal court , work=

, language=en-US, access-date=2019-11-20, url-access=subscription, archive-url=https://web.archive.org/web/20190214141341/https://www.bostonglobe.com/metro/2018/04/27/attorney-supports-ice-arrest-chinese-immigrant-federal-court/DQBs6upFM7Lo8NIqzMyjFN/story.html, archive-date=2019-02-14, url-status=live {{Cite news, last=Kole, first=William J., url=https://www.seattletimes.com/nation-world/nation/judge-accused-of-aiding-wanted-immigrant-gets-pay-restored/, title=Judge accused of aiding wanted immigrant gets pay restored, date=2019-08-13, agency=

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The Seattle Times ''The Seattle Times'' is a daily newspaper serving Seattle, Washington, United States. It was founded in 1891 and has been owned by the Blethen family since 1896. ''The Seattle Times'' has the largest circulation of any newspaper in Washington (s ...

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Patch Media Patch.com is an American local news and information platform, primarily owned by Hale Global. As of January 2022, Patch's more than 100 journalists operated some 1,259 hyperlocal news websites, which also have an information component, in 50 U.S. ...

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Law & Crime Daniel Abrams (born May 20, 1966) is an American media entrepreneur, television host, legal commentator, and author. He is currently the host of the prime-time show ''Dan Abrams Live'' on NewsNation, ''On Patrol: Live'' on Reelz and ''The Dan Ab ...

, language=en, access-date=2019-11-20, archive-url=https://web.archive.org/web/20191003041912/https://lawandcrime.com/high-profile/61-retired-judges-support-judge-who-allegedly-helped-undocumented-immigrant-evade-ice/, archive-date=2019-10-03, url-status=live {{Cite news, last1=Raymond, first1=Nate, last2=Malone, first2=Scott, url=https://www.reuters.com/article/us-usa-immigration-judge-idUSKCN1S1260, title=Massachusetts judge faces federal charges for blocking immigration arrest, date=2019-04-25, work=

Reuters Reuters ( ) is a news agency owned by Thomson Reuters Corporation. It employs around 2,500 journalists and 600 photojournalists in about 200 locations worldwide. Reuters is one of the largest news agencies in the world. The agency was estab ...

, access-date=2019-11-20, language=en, archive-url=https://web.archive.org/web/20190428082205/https://www.reuters.com/article/us-usa-immigration-judge-idUSKCN1S1260, archive-date=2019-04-28, url-status=live {{Cite news, last=Richer, first=Alanna Durkin, url=https://www.foxnews.com/us/state-judge-charged-with-helping-man-evade-immigration-agent, title=State judge charged with helping man evade immigration agent, date=2019-04-25, agency=

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, access-date=2019-11-20 {{Cite news, last=Singh, first=Arjun, date=2019-05-07, url=https://www.wgbh.org/news/local-news/2019/05/07/outrageous-aclu-mass-executive-director-says-indictment-of-newton-judge-was-political, title='Outrageous': ACLU Mass. Executive Director Says Indictment Of Newton Judge Was Political, work= WGBH News, language=en, access-date=2019-11-20, archive-url=https://web.archive.org/web/20190605164548/https://www.wgbh.org/news/local-news/2019/05/07/outrageous-aclu-mass-executive-director-says-indictment-of-newton-judge-was-political, archive-date=2019-06-05, url-status=live {{Cite web , url=https://www.mass.gov/files/documents/2019/08/13/sjc-order-re-shelley-joseph-august-2019.pdf , title=In Re: Shelley M. Joseph - Order, access-date=2019-11-21 , archive-url=https://web.archive.org/web/20191117093108/https://www.mass.gov/files/documents/2019/08/13/sjc-order-re-shelley-joseph-august-2019.pdf , archive-date=2019-11-17 , url-status=live {{Cite news, url=https://www.nytimes.com/2019/04/25/us/judge-shelley-joseph-indicted.html, title=Judge Is Charged With Helping Immigrant Escape ICE at Courthouse, last=Stack, first=Liam, date=2019-04-25, work=

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External links

Indictment
2019 in United States case law Deportation from the United States United States District Court for the District of Massachusetts cases Illegal immigration to the United States Obstruction of justice