Judge Contempts Officials Over Arrest

A federal magistrate judge in Pittsburgh has held the Attorney General, the Homeland Security Secretary, and an acting ICE field director in civil contempt for failing to follow her release orders. U.S. Magistrate Judge Maureen Kelly imposed sanctions requiring them to pay attorney fees and costs related to the arrest of Nain Vasquez Gonzalez.

Kelly stated that the government's compliance efforts involved inconsistent stories, dubious excuses, inaccurate certifications, and attempts to hide their actions from public view. The judge wrote that the changing narratives suggest either a willful attempt to obfuscate the circumstances of the arrest and detention, or an inability to maintain proper records and read court orders.

The case stems from Kelly's April 28 decision ordering the immediate release of Vasquez Gonzalez. Vasquez Gonzalez, a citizen of El Salvador who entered the United States in 2016 as a minor, had been detained for 38 months following a 2023 drug possession arrest. Kelly ruled that his detention had become so prolonged it offended due process.

Despite that order, court records show ICE agents arrested Vasquez Gonzalez again on June 26 while he waited for a bus in Fairview, New Jersey. Agents asked if he was 'Fernando Daniel' and declined to examine the release order in his wallet, according to his declaration. He was held for 11 hours and released only after his attorney filed a motion with the court.

Kelly requested the names of arresting officers and body camera footage to investigate the incident. Officials could not provide the names initially and claimed the arresting officer's camera was not charged. When footage from five other agents was submitted, none showed the arrest, despite at least 15 agents working together to detain 20 people.

In her opinion, Kelly wrote that attempts to cloak agent identities were 'deeply troubling' and 'un-American,' stating that 'The United States does not have a secret police force.' She also noted that sworn declarations from agents who were not present at the arrest contained factual conclusions, calling such conduct 'most disconcerting' and possibly perjury.

Adrian Roe, an immigration attorney in Pittsburgh, called the contempt finding an even-handed way to handle matters where a litigant does not comply with court orders. Vanessa Stine of the ACLU of Pennsylvania described the arrests as part of a pattern where agencies sweep people up and ask questions later.

A message seeking comment from the Department of Justice was not returned, and the U.S. Attorney's Office in Pittsburgh declined to comment.