A federal judge barred a Justice Department lawyer from an immigration case after finding that he had deliberately misled the court about when ICE needs a warrant to make an arrest.
U.S. District Judge Sanket Bulsara said he was “flabbergasted” by a letter signed by Assistant U.S. Attorney Thomas Price, calling it a “deliberate attempt to mislead the Court,” Ryan Goodman and Jonah Miller reported Tuesday for Just Security.
“The only conclusion that can be drawn from these statements is that they’re made in bad faith,” Bulsara said.
Price’s letter said a warrant order in a separate case applied to only one person. The order covered New York’s Eastern District and generally required ICE officers to obtain warrants before making civil immigration arrests. Price had previously argued that the district-wide requirement would be difficult to follow, the judge noted.
Bulsara saw “a pattern of dissembling, obfuscation, and frankly outright misrepresentation that bled from Alfaro into this case.”
The judge on Monday ordered two other DOJ lawyers whose names appeared on the letter to explain their roles under oath by Nov. 16. He also warned that if the court confirmed another misrepresentation after giving the government a chance to respond, he would enter judgment for the plaintiffs, who accuse immigration officers of making arrests based on ethnicity and without required warrants, according to Just Security
Bulsara told civil division chief Richard Hayes to consider replacing Price in other cases before him. Hayes asked for time to review the transcript.
“Your office is on notice,” Bulsara said.