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Judge Targets ICE Agent—Federal Prosecutor Fires Back With Sharp Warning [WATCH]

A federal immigration enforcement operation in a Boston courtroom has triggered a legal confrontation between the U.S. Department of Justice and local officials in Suffolk County.

The incident involves an Immigration and Customs Enforcement (ICE) officer who was held in contempt of court after executing a valid federal arrest warrant during a trial.

Immigration and Customs Enforcement (ICE) agents apprehend an undocumented migrant they were surveilling in Falls Church, VA, Jan. 15, 2025.

Now, U.S. Attorney for Massachusetts Leah Foley is intervening, warning local authorities that attempts to criminally charge a federal officer performing official duties violate constitutional law.

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The controversy began when ICE officer Brian Sullivan arrested an illegal immigrant with active drug trafficking charges during a court proceeding in Boston.

Officer Sullivan had a valid federal warrant. Despite this, Suffolk County District Attorney Kevin Hayden raised the possibility of bringing charges against the ICE officer.

Judge Mark Summerville, who was presiding over the trial, held Sullivan in contempt of court for making the arrest during the proceeding.

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In response, U.S. Attorney Leah Foley issued formal letters to both District Attorney Hayden and Judge Summerville, stating that federal officers are protected under the Constitution’s Supremacy Clause when performing their lawful duties.

In her letter to DA Hayden, Foley wrote:

“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 for performing their official duties. Any attempt or threat to interfere with the lawful actions of federal government agents will not be tolerated. 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 also addressed Judge Summerville directly in a separate letter, emphasizing the court’s lack of jurisdiction in the matter.

“It is well settled that the Supremacy Clause of the Constitution immunizes federal officers from state prosecution, including contempt proceedings for actions taken in the course of their official duties. Please be advised that this court lacks any authority whatsoever to proceed in this matter with respect to ICE officer Brian Sullivan.”

The Supremacy Clause is found in Article VI, Clause 2 of the U.S. Constitution and establishes that federal law takes precedence over conflicting state laws. It binds state judges to uphold federal statutes and shields federal officers from state interference when carrying out lawful duties.

The incident highlights ongoing tensions between federal immigration enforcement and local “sanctuary” policies in jurisdictions like Boston.

According to officials familiar with the case, the individual taken into custody by ICE was facing serious narcotics charges and may have otherwise been released without federal coordination due to sanctuary protocols.

The U.S. Attorney’s Office has made clear that federal law enforcement operations will not be obstructed by local resistance.

Leah Foley, appointed by President Donald Trump and formerly the lead attorney for Boston’s Organized Crime and Drug Enforcement Task Force, has a background in federal criminal prosecutions and has indicated she will enforce constitutional protections for federal officers without exception.

The DOJ has not confirmed whether further legal action will be taken against local officials, but Foley’s message marks a firm stance in defending federal jurisdiction. As of now, ICE officer Brian Sullivan remains in good standing and continues his duties.

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