OGDEN, Utah — Video from inside an Ogden courtroom shows the moment a judge tells a man charged with a misdemeanor that ICE agents were waiting for him.
“I’m going to have to take you into custody because ICE has given an order that we are supposed to take you into custody," said Judge Clay Stucki in the video on Jan. 29. “I personally feel bad that we’re going to have to take you into custody. That isn’t my choice or decision, but it’s something under federal law that I’m going to have to follow.”
The man was appearing in court after police said he rear-ended another vehicle while at a traffic light. A probable cause affidavit from the incident says the man had a strong smell of alcohol on him and he was charged with a Class B misdemeanor.
“People who shouldn’t necessarily need an attorney, want an attorney now because they’re scared to go to court, and they want me to figure out a way to protect them from this potential arrest or exposure to ICE,” explained immigration attorney Francisco J. Roman.
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Roman focuses on deportation defense, immigration law, and criminal defense and where they all overlap. He said he's seen first-hand the effect instances like the Ogden case can have on a family.
“I think we can all benefit from some empathy," he shared. "It’s really hard to empathize when everything is so political, but they are no different than you and I. They have family, they have jobs, they have people who depend on them.”
While Roman said many of the people he’s spoken to are nervous to go to court, he’s trying to find ways to resolve similar situations for clients, such as having video hearings online.
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In the Ogden video, Judge Stucki goes beyond simply turning the defendant over to authorities.
“I’m ordering you not to leave the courthouse, but I do want to give you the benefit with talking through your options with an attorney,” he said.
Before the defendant was detained, he thanked Stucki for giving him a chance to resolve the case at hand.
"Well, don’t thank me," the judge replied. "I’m sad.”
