Immigration and Customs Enforcement officers arrested Douglas Gramajo-Gomez just feet from the doors of the Chelan County Courthouse after his sentencing hearing on Wednesday.
It’s a move that has Chelan County Superior Court Judge Kristin Ferrera and court officers concerned. They say it may have a “chilling effect” on witnesses, victims and anyone else who needs to come to the courthouse for any reason.
“There are going to be some victims who don’t feel safe coming in,” Ferrera said. “Regardless of how you feel about immigration – we can’t have that silencing effect.”
Although ICE agents made the arrest outside the building, under Washington State law no person is subject to civil arrest without a judicial warrant while inside or within a mile of courthouse property.
“If they are there with a judicial warrant signed by a judge they are allowed to make arrests,” Ferrera said. “But they left. I don’t know why they would leave if they had a judicial warrant.”
The agents were originally in the courthouse and one came into Ferrera’s courtroom before Gramajo-Gomez’s sentencing hearing. When his attorney, Nicole Hankins, became aware a suspected ICE agent was in the room she confronted him.
“I walked up to him and asked, ‘Who are you? Are you with Homeland Security? Are you with ICE?’” Hankins said. “He said, ‘I don’t have to tell you.’”
Then she said she asked the assistant prosecutor assigned to the case, Micaela Meadows, how ICE agents knew when and were to intercept her client.
“She said, ‘They called my office and asked when his next court day was and I told him,’” Hankins said. “‘It’s public information.’”
Sunshine Poliquin, an attorney with the Counsel for Defense of Chelan County, was there and watched and listened to the exchange. She agreed with Hankins recollection and said Meadows admitted to telling ICE agents when Gramajo-Gomez would be in court.
What’s more than that, Gramajo-Gomez was originally supposed to appear in the afternoon calendar and his hearing was moved to the morning session. That means Meadows must have called ICE to let them know the man’s hearing had been moved up, she said.
“It’s a problem. That’s a problem. To my mind that is violating multiple RCWs as well as our professional rules of conduct,” Poliquin said.
Hankins then told Judge Ferrera about ICE’s presence and her concerns with Meadow’s involvement. The agent who had been in the courtroom went into the hallway.
Ferrera told Poliquin to tell the ICE agents outside that she wanted to see them in her courtroom after a short recess. Then she called a break and said she took that time to consider her next move and to look up the state statutes regarding the matter.
She printed the applicable RCWs, highlighted parts, and returned to the courtroom.
By the time court was called back into session most of the prosecutor’s office was in the room, as requested. The ICE agents did not obey Ferrera’s request to appear and identify themselves – a fact she called “frustrating.”
Ferrera read the applicable laws, including RCW 2.28.310 which prohibits judges, staff, prosecutors and even security guards from notifying federal immigration authorities about an individual’s immigration or citizenship status.
“I read what the rules were and then did the sentencing,” she said. “I wanted everything to be on the record so it was really clear.”
Gramajo-Gomez had earlier pled guilty to 3rd Degree Rape of a Minor and was sentenced to a year in prison, which was suspended, and three years of community custody as well as five years of treatment.
Explaining the details of the case Hankins said he is a “good kid” who is “low IQ” and gave into temptation after being repeatedly offered oral sex from from the victim, a minor. The scenario was one in which the victim solicited the perpetrator, but he made a bad decision regardless. However he admitted to it and plead guilty, she said.
Beyond that Gramajo-Gomez is a recipient of the Deferred Action for Childhood Arrivals (DACA) program, Hankins said, and therefore should not even be facing deportation.
“My client is a DREAMer,” she said. “He keeps to himself, hangs out with his family, goes to church and plays soccer.”
In her statement during his sentencing hearing, Meadows admitted the young man was in the the mid-to-low IQ range and the victim who had been sexually abused by others was “heavily influencing the situation.”
She said the victim has been sexually abused by others and the way that trauma was presenting itself in her life at the time was through a game with her friends.
“They would essentially compete to see how many boys they could get, how many adults they could get,” Meadows said.
When he was arrested and read his Miranda rights he admitted everything to authorities immediately, and Meadows noted that fact in her statement to the court.
“He pled guilty to what he did and took responsibility,” Hankins said.
Regardless of the specifics of this one case the implications beyond this individual case is what the community should focus on, Hankins and Poliquin said.
If ICE officials making arrests on courthouse grounds does not bode well for the functionality of our judicial system, they said. If people think they’ll get detained by ICE when they go to testify or even to pay a parking ticket that’s a problem, Hankins said.
Ferrera said that the Chelan County Superior Court judges are going to do their best to protect people, but ultimately its the county sheriff’s job to enforce security on courthouse grounds.
However she said one thing that is going to change immediately is that all non-local law enforcement who are coming into the courthouse will now be required to log in and state their business when they enter the courthouse.
Prosecutor Robert Sealby’s Response
When reached for comment Chelan County Prosecuting Attorney Robert Sealby said Meadows did not “tip off” ICE, nor did anyone else from his office.
“Information regarding Mr. Gramajo-Gomez’s court dates, including time and date of any court appearances, is public record and accessible by anyone through the Chelan County Superior Court Clerk’s office, including you and any ICE personnel,” he wrote in an email.
He also said that his office follows and complies with state statutes including the “Keep Washington Working“ statute.
The Audio, and Documents
As soon as Poliquin got back to her office she wrote down her recollection of Hankins and Meadows’ exchange. She was also standing feet away when Gramajo-Gomez was detained by ICE.
I interviewed her about that you can listen to that audio here:
You can also listen to the court hearing after the recess here:
And you can view the documents that Ferrera printed to read into the record here.
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