Judge clears Brad Lander of obstruction violation from arrest at New York City ICE facility

MANHATTAN (CN) — A federal magistrate judge on Thursday found New York City Democrat Brad Lander not guilty of a petty obstruction charge, a violation that stemmed from his arrest last fall while trying to inspect immigrant holding rooms in Lower Manhattan.

Lander, then the city’s comptroller, was arrested in September alongside several other elected officials at 26 Federal Plaza. The lawmakers said they were hoping to gain entry to the makeshift immigration jail inside the federal building, which was being scrutinized as overcrowded and unsanitary by inmates and advocacy groups.

When they weren’t let inside, videos show the electeds sitting down in the building’s elevator lobby and chanting in protest. They were later cuffed with zip ties, and Lander was accused of illegally blocking the elevator banks.

“On these facts, the government has failed to prove its case beyond a reasonable doubt,” U.S. Magistrate Judge Henry Ricardo found Thursday.

Ricardo’s findings came after a one-day bench trial, in which Lander testified that he never intentionally sought to obstruct the elevators when he sat on the 10th floor with his fellow electeds.

“Our purpose was to wait until we were allowed to inspect the 10th floor,” Lander told the court Wednesday. “Our goal was not to block the elevators or restrict anyone’s movement.”

Ricardo found Lander’s testimony credible, noting that the then-comptroller obeyed federal officers’ commands prior to his arrest. Lander testified that there was a point when some officers suddenly threatened to detain the lawmakers, and did so just 30 seconds after dishing out those threats.

“There was a lack of coordination,” Ricardo said Thursday, critiquing the arrests.

Lander’s charge was a mere violation. He faced no jail time, but chose to fight the offense anyway at trial — in part because he had hoped to gain access to information on ICE operations in New York City via discovery and shed light on their controversial immigration enforcement activities. That effort was largely unsuccessful, Lander acknowledged, given the extremely narrow nature of his charge.

In rendering the verdict, Ricardo meticulously analyzed videos of the electeds’ protest from last fall. He noted that Lander’s “movements and mannerisms at the time did not suggest any purposeful action” to block the elevator, contrary to what federal prosecutors claimed.

In fact, Lander “seemed tired” and “a bit resigned to the situation” when he chose to sit down, the judge found.

“Mr. Lander testified that he did not intend to block the elevator,” Ricardo said. “I recognize of course that this testimony is self serving … but I find that his testimony is credible based on both his demeanor while testifying in court and, more importantly, his body language in the video itself.”

Ricardo added that the government “did not present evidence of other conduct suggesting that Mr. Lander had an intent to block the movement of anybody.”

Outside of the courthouse, a jubilant Lander, sporting a New York Knicks cap, said he was “genuinely moved by the rule of law” after hearing the verdict.

“What a blessing to live in a country where if the government arrests you and charges you with something, you can count on the ability to go in and make the government prove its case,” he said to reporters.

Lander contrasted his experience with that of the immigrant detainees at 26 Federal Plaza, many of whom lack representation when facing removal — particularly as the second Trump administration has ramped up and expedited its deportation process.

“All we want … is for everybody else facing removal proceedings by our government to have the same access to the rule of law as I had in this trial yesterday and today,” Lander said.

The Brooklyn progressive is currently running for Congress to unseat Democratic foe Dan Goldman, who represents New York’s 10th District. Lander is leading in most recent polls, and has hammered Goldman on his support for Israel and taking of corporate PAC donations.

Lander said he smiled when Ricardo said he “seemed tired” at the September protest.

“I don’t feel tired,” Lander said outside the courthouse. “I didn’t feel tired that day. I feel an urgency. I felt an urgency to show up that day and fight what ICE is doing and I feel an urgency today to show up.”

Still, the 56-year-old quipped, “When offered a seat, I’ll take it.”

Follow @Uebey Follow @uebey.bsky.social