DHS Accused of Withholding Evidence After Federal Judge Orders Immigrant's Release

The Trump administration is escalating its pressure on federal judges who rule against its policies, including instructing lawyers to withhold critical information. According to an internal email cited by The New York Times, an ICE lawyer directed a Justice Department attorney to conceal an arrest warrant for murder in the Dominican Republic for Bryan Rafael Gomez, an immigrant set to be released by U.S. District Judge Melissa DuBose in April.

ICE lawyer Adam E. Mattei instructed Kevin M. Bolan, a DOJ lawyer preparing for the case, with the following message:

“Please do not confirm or deny the existence” of the warrant. “There has yet to be any use authorization for this information.”

After Judge DuBose ordered Gomez’s release, the Department of Homeland Security publicly condemned her, labeling her an “activist Biden Judge” for freeing a “violent criminal illegal alien.” The DHS statement drew a sharp rebuke from the judge, who issued an order questioning why she was not informed of “facts relevant” to the case. She stated that the omission “threatens public safety and erodes trust in the rule of law.”

Bolan later filed an apology in court, admitting that ICE had instructed him to withhold the information, which he believed was justified for law enforcement reasons. He also noted that DOJ colleagues had unsuccessfully requested the DHS to retract its public statement. Despite this, Judge DuBose referred Bolan for possible disciplinary action, citing a “lack of candor.”

James Percival, DHS General Counsel, further attacked Judge DuBose in a The Federalist column, calling her an “activist” and claiming she had “no plausible basis to review Mr. Gomez’s custody status.”

Pattern of Judicial Intimidation

This incident reflects a broader strategy by the Trump administration to undermine judges who oppose its mass deportation policies. Judge DuBose, appointed by President Biden, holds a historic role as the first Black and LGBTQ judge on Rhode Island’s federal bench, making her a prominent target for critics aligned with the MAGA movement. The government’s decision to withhold evidence has further damaged its credibility in legal proceedings.