Charlottesville attorney reacts to ICE’s promise to prosecute bystanders in courthouse arrest

In a statement to 29News, ICE says that the U.S. Attorney’s Office “intends to prosecute” the “two bystanders” who “unsuccessfully attempted to obstruct enforce

By Kate Nuechterlein
Published: Apr. 30, 2025 at 10:11 AM EDT

CHARLOTTESVILLE, Va. (WVIR) - Now more than a week after Immigration and Customs Enforcement (ICE) officers detained two men at the Albemarle County General District Court, there are still a number of questions left about the aftermath.

In a statement to 29News, ICE says that the U.S. Attorney’s Office “intends to prosecute” the “two bystanders” who “unsuccessfully attempted to obstruct enforcement efforts.” … This refers to the two women who, at times, stood between ICE agents and the men they were attempting to detain. In a video obtained by 29News, the two women are heard repeatedly asking the officers to present a warrant for arrest but are not shown one. The three ICE officers were wearing plainclothes, and one was covering his face with a balaclava.

Though Sheriff Chan Bryant says the agents did present the proper paperwork and credentials to the bailiff prior to the arrests, Charlottesville attorney Jeff Fogel says there are no legal grounds for prosecution if the agents did not identify themselves specifically to the bystanders.

“The bottom line is, why in God’s name would they refuse to identify themselves?” Fogel said. “You can’t convict somebody for interfering with a police officer or a federal officer if it wasn’t clear that it was a federal officer or a police officer. And that seems to be lacking from the allegations made in this case.”

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