An investigation into a judge accused of helping an illegal migrant avoid an immigration agent determined that she actually had no idea about the escape plan.
Judge Shelley Richmond Joseph was not aware of an escape plan for an illegal migrant in her courtroom and only inadvertently helped him when allowing him to leave through a back door, according to findings released by the Massachusetts Commission on Judicial Conduct. The determination, which still recommended reprimand for the judge, largely puts to rest a saga that has stretched on for more than seven years.
“I find that Judge Joseph did not know about — much less authorize — the escape plan, and did not mislead court authorities following the incident,” hearing officer Denis McInerney wrote in a 117-page report.
The incident occurred in April 2018 when an Immigration and Customs Enforcement (ICE) agent arrived at the Newton District Court — where Joseph was serving on the bench — to apprehend Jose Medina-Perez, an illegal migrant from the Dominican Republic who had previously been deported on two different occasions and was barred from re-entering the United States for 20 years.
The ICE agent was waiting in the lobby for Medina-Perez to be bailed out, but instead of letting the Dominican national out through the courtroom lobby, Joseph allegedly instructed him to be released through the rear exit, which leads to a parking lot. The alleged scheme took place after the judge had asked the clerk to turn off the court recorder during a sidebar conversation with Medina-Perez’s defense attorney and the assistant district attorney.
Federal prosecutors formally charged Joseph in April 2019 with conspiracy to obstruct justice and obstruction of justice for her actions, with then-ICE acting director Tom Homan saying at the time that Joseph went too far.
Joseph maintained her innocence and continued to dispute the charges until federal prosecutors in September 2022 agreed to drop the case. In exchange for dropping the charges, the beleaguered judge agreed to refer herself to the Commission on Judicial Conduct, which is tasked with investigating misconduct allegations by members of the bench. The investigative body found in December 2024 that she engaged in “willful misconduct” that day.
While Medina-Perez’s attorney admitted that the escape plan was his idea, he claimed that he explained the plan to Joseph and she authorized it, according to McInerney’s report. But the hearing officer determined that Joseph actually was not aware of the plan and was under the impression that the illegal migrant needed to return to the lockup area to consult with his attorney and interpreter.
McInerney did find that the judge should face public reprimand for unknowingly violating a court order by conducting an off-the-record sidebar conversation between herself, the illegal migrant’s defense attorney and the assistant district attorney shortly before allowing the foreign national to leave the courtroom.
“Moreover, because this proceeding has been public, and to ensure that there is no misunderstanding as to what Judge Joseph is — and is not — being reprimanded for, I recommend that the reprimand be public,” McInerney’s report stated.
ICE apprehensions in courtrooms have become a major point of contention in recent years, and both the first and second Trump administrations have taken tough stances on judges accused of helping illegal migrants escape ICE agents waiting for them.
The FBI arrested Milwaukee County Circuit Court Judge Hannah Dugan in April for allegedly helping an illegal migrant evade ICE apprehension. Later that month, the Democrat-majority Wisconsin Supreme Court suspended her from carrying out her responsibilities as a county judge.
“We believe Judge Dugan intentionally misdirected federal agents away from the subject to be arrested in her courthouse, Eduardo Flores Ruiz, allowing the subject — an illegal alien — to evade arrest,” FBI Director Kash Patel said at the time. “Thankfully, our agents chased down the perp on foot and he’s been in custody since, but the Judge’s obstruction created increased danger to the public.”
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