Out-of-Uniform ICE Agent Makes Warrantless Arrest at NorCo Courthouse

There's a difference between the name Bernard V. O'Hare III and Franklin Leonar Urrutia-Cordon. When officialdom sees my name, it knows right off the bat that it's dealing with a cRaZy Irish bastard, and would do well to tread lightly. But when it sees that other name, a Latino name, our enlightened establishment can be downright abusive. That difference in names is precisely why Urrutia-Cordon is being held by ICE in some undisclosed location right now, instead of walking the streets as a free man. Let me tell you the story.

In August 2017, Urrutia-Cordon was stopped by Pennsylvania State Police and charged with drunk driving. His BAC was 0.12. It was his first ever offense, so he applied for ARD, a special program for first offenders in which charges are dismissed after a period of probation. The ARD application contained no questions asking about citizenship. Urrutia-Cordon went through ARD screening, and was cleared to appear in ARD court in April 2018. He was identified as a "no problem" drinker. He paid his ARD costs, a hefty $2,255.75, and was ready to be part of the cattle call.

In the meantime, he had to be arraigned as well. That's a formality in which you are officially informed that you've been charged with a crime. That's usually a cattle call, too.

On that fateful day, while Urrutia-Cordon was waiting for his arraignment, Assistant DA Sandra McClure decided for some reason to pull his file. After looking through it, she approached him and asked him if he is a US citizen. This is a question she would not dare ask Bernard V. O'Hare III, but she asked it of a guy with a Spanish-sounding name. When he answered that he is not yet a US citizen, she told him his application for ARD would be denied. And sure enough, just a few days later, he received a letter from then DA John Morganelli denying ARD.

Though Urrutia-Cordon is an undocumented immigrant, he has filed an application seeking lawful status. His application has been approved by the Department of Homeland Security, and after an interview and fingerprinting, he will be issued his "green card." After being a lawful permanent resident for two years, he can apply for citizenship.

In addition to making an effort to become legal, he has been gainfully employed and has paid taxes over the past ten years. He is married to a US citizen and also has a valid driver's license.

So Attorney Josh Fulmer, who represents Urrutia-Cordon, asked Morganelli to reconsider his denial on multiple occasions. He included all kinds of recommendations.  Morganelli, hardass that he is, refused to reconsider

At this point, Fulmer filed a motion asking the Court to compel Urrutia-Cordon's admission into the ARD program on the basis that DA John Morganelli's denial was an abuse of discretion. That's pretty much a vain exercise, and Judge Samuel P Murray denied Fulmer's application in December.

In the meantime, this case has stretched on for several years, and everyone was anxious to resolve it. On Friday, DA Terry Hock offered a deal you can't refuse - Urrutia-Cordon would plead guilty to general impairment and would have no jail time and no license suspension. If he went to trial and was convicted, he would spend two days in jail, and Fulmer was warned the jail would notify ICE. This plea to general impairment had the added benefit of presenting no problem with Urrutia-Cordon's application for lawful status.

Urrutia-Cordon was scheduled to make his plea on Monday. As Josh Fulmer and his client made their way to Judge Murray's courtroom, Fulmer noticed Northampton County Detective Gerry Walsh standing in the hallway with a fellow clad in jeans and a "Pro God Pro Gun Protected" T-shirt. Fulmer got suspicious and began asking questions, and was eventually told they were there to arrest his client and cart him off because he's in this country illegally. Never mind that he works, pays taxes, is married to a US citizen and is inches away from getting his green card.

So when Fulmer walked into Judge Murray's courtroom, he announced the deal was off. He now wanted a trial, but the Commonwealth had no witnesses. So dismiss the case, argued Fulmer. A continuance was granted.

Obviously, someone tipped off ICE to come and pick up this Defendant. They perverted the criminal system for a civil matter.

Fulmer walked out into the hallway with his client, who was arrested by an out-of uniform ICE agent with no warrant (He claimed he left it in his illegally parked car). You can see the unpleasant exchange above.

This is a disgraceful abuse of our criminal justice system. Even the prosecuting attorneys were sucker-punched. What this does is make it far less likely that undocumented immigrants will participate in the criminal justice system in any capacity, including as victims.

ICE has issued a directive to its own agents advising them to avoid enforcement actions inside of a courthouse unless they are dealing with a gang member, public safety threats or aliens who have already been ordered out. This was the opposite - a first time offender who was already approved.

According to a report by Temple University Law School’s Sheller Center for Social Justice, 13 Pennsylvania counties are coordinating arrests at the courthouse with ICE. They are using the criminal justice system for civil immigration enforcement. Here's what's happening: "(1) ICE is effecting arrests in and around courthouses; (2) courthouse personnel are collaborating with ICE 0by asking about immigration status, providing information, or assisting with ICE arrests; and (3) immigrants fear going to court because of these ICE enforcement activities."

Courthouse arrests effectively deny access to the courts to a segment of the population that needs it most.

"Police officers surveyed reported that crimes are becoming more difficult to investigate. Among police officer respondents, 69% said domestic violence was harder to investigate in 2017 compared to 2016 (with similar percentages for investigations of human trafficking (64%) and sexual assault (59%)). Judges too reported an increase in disruption of court cases due to immigrant victims being afraid to come to court. Legal services and victim advocates reported that their offices had filed 40% fewer cases for immigrants in 2017 than in 2016."

Nationwide, 70 former judges have asked ICE to stop courthouse arrests. “Judges simply cannot do their jobs—and our justice system cannot function effectively—if victims, defendants, witnesses and family members do not feel secure in accessing the courthouse,” they wrote.

The two words inscribed on Northampton County's seal are "justice" and "mercy." They appear in every courtroom. But I see no evidence of these traits in what happened on Monday to Franklin Leonar Urrutia-Cordon. If his name were Bernard V. O'Hare, he'd be a free man.