Immigration experts call ICE detention of Lynn teen 'shocking'

Federal immigration agents took a Massachusetts teenager into custody this week after she was arrested on charges of pushing her brother during a fight over a cellphone.

Zeneyda Barrera, 18, was detained by federal Immigration and Customs Enforcement agents at Lynn District Court Monday, just a few hours after being arrested at her home.

The Lynn police report indicated that a neighbor called police to report a domestic disturbance. The report said Barrera pushed her brother to the floor during an argument. Her 12-year-old brother did not appear to be hurt, according to the police report.

Prosecutors agreed to send Barrera to a program that puts first-time offenders into counseling and offers alternatives to prosecution, a process sometimes called "diversion." Before she could formally enter the program she was detained by federal agents and is now being held at a detention facility in Maine.

Barrera's mother, Zeneyda Hernandez-Molina, said in an interview with WBUR that the family entered the U.S. illegally from Nicaragua two years ago and has been going through immigration proceedings to seek asylum. She said her daughter is in 11th grade, has a job and had never been arrested before.

"I don't understand how they could take her so quickly," Hernandez-Molina said. "My daughter is a child and a student."

Barrera's attorney, Patrick Callahan, said he was surprised when she was taken into immigration custody on a minor charge, especially after prosecutors and the judge signed off on the program offering alternatives to prosecution.

"It's not something that I've seen them do in the past, and I've been practicing law now for over 20 years," Callahan said. "For the most part, ICE does not get involved unless and until a conviction has happened, or some sort of finding of guilt. In this case, they bypassed that without any finding of guilt, in a case that was almost certainly going to be dismissed within the next six months or so."

"It's shocking to me. ... It's unusual that federal immigration resources would be expended for a case like this."

Randy Feldman, immigration attorney

Other immigration attorneys agreed Barrera's detention is unusual. Worcester immigration lawyer Randy Feldman said those applying for asylum are technically deportable at any time during their immigration proceedings. But typically federal officials wouldn't pursue someone for a minor offense.

"It's shocking to me," Feldman said. "It's unusual that federal immigration resources would be expended for a case like this."

It remains unclear how federal agents became aware of Barrera's case. ICE has not responded to requests for comment. Both Lynn police and the Essex County district attorney said they did not notify federal immigration authorities about the arrest. Lynn police said they do not ask about immigration status when making an arrest.

"The Lynn Police Department, like all Massachusetts state and local police agencies, does not and is not authorized to enforce federal immigration law," said a statement from Lynn's police chief, Christopher Reddy. "We have been advised that ICE enforcement initiatives are currently focused on individuals who have committed serious crimes."

Callahan said someone in law enforcement must have notified federal immigration officials about Barrera's arrest because she was taken into federal custody so quickly.

"They were there ready to grab her," he said. "ICE didn't magically find this out on its own."

Agents detained Barrera just days before Trump signed a new federal law that expands the scope of who can be arrested and deported. It's not clear how the law might be implemented, or how it might affect a case like hers.

The Laken Riley Act, which became law Wednesday, allows federal immigration authorities to detain and deport people in the U.S. without legal status who are charged with even minor crimes.

Congress passed the law with bipartisan support. Rep. Stephen Lynch, a Democrat, was the only member of the Massachusetts delegation who voted in favor of it.

Dan McFadden, managing attorney at the ACLU of Massachusetts, said under the law a person can be deported without a conviction.

"The Laken Riley Act requires ICE to put people in jail with no due process based solely on unproven accusations," McFadden said. "That violates the Constitution and will be wasting law enforcement resources."

McFadden said his office is monitoring how the law is implemented in the state.

"The ACLU of Massachusetts will be watching closely," he said, "and we are fully prepared to take action as necessary to protect the civil rights and civil liberties of all people in the Commonwealth."