What was supposed to be a routine pretrial status conference in downtown Los Angeles turned into a real-time custody grab on Thursday, when plainclothes ICE agents pulled an accused MS-13 shotcaller out of a federal courtroom, catching the judge and defense team flat-footed.
The man, identified in court filings as Orlando Olivar-Martinez, is one of the defendants in United States v. Hurtado (CR 23-00545) on the Central District calendar. Court scheduling documents list him for the downtown Los Angeles appearance and indicate he had been released on bond before that hearing, according to the Central District of California.
How agents removed him
Defense attorney Mark Sedlander said the move unfolded quickly in the well of the court. According to Sedlander, plainclothes officers, along with at least one deputy U.S. marshal, surrounded Olivar, backed him against the wood railing, then escorted him through the holding-cell door and out of sight.
"This is going to chill people from participating in the system," Sedlander told the Los Angeles Times, voicing concern that defendants watching the scene might think twice before showing up for their own court dates.
What officials said
Department of Homeland Security Acting Assistant Secretary Lauren Bis confirmed that ICE had arrested Olivar, describing him as "a criminal illegal alien from El Salvador." Bis said Olivar will remain in ICE custody until he is removed to El Salvador, and that his history includes prior arrests and removals. Federal prosecutors declined to comment, according to the Los Angeles Times.
Policy and precedent
ICE’s own interim guidance, issued last January, says courthouse arrests should "take place in non-public areas of the courthouse" and be coordinated with court security, according to ICE. The document was meant to place some guardrails around immigration arrests in and around courts, but it does not settle the long-running fight over whether such arrests scare people away from participating in the justice system or complicate prosecutors’ efforts to see cases through to a verdict.
Legal implications
Defense lawyers and some judges say courthouse pickups have already disrupted federal prosecutions in Southern California, in some cases prompting motions to dismiss when attorneys’ access to their clients has been limited, according to reporting that has tracked those effects in recent months. Attorneys warn that when defendants are transferred to distant immigration facilities, face-to-face meetings and hands-on review of discovery can become nearly impossible, a problem that can materially affect a client’s right to a fair trial.
Sedlander said he plans to seek remedies in federal court. The case remains on the calendar while both sides sort out what happens next, and we will continue to monitor filings and court schedules as the matter moves forward.
