Lander pushes back on federal charges, says ICE are the ones misusing plaza for detaining migrants

New York City Comptroller Brad Lander was arraigned Friday federally after he and several other politicians were cuffed trying to inspect the 10th-floor ICE detainment facility in 26 Federal Plaza, but he says he was not the one at fault.

Speaking after his afternoon hearing outside 500 Pearl Street on December 5, Lander sought to perform a role reversal on the Federal Government. He stated that he was charged on Sept. 18 with a class C federal misdemeanor for “obstructing the usual use of that federal property or that 10-floor elevator lobby.” Lander, however, railed that ICE using a courthouse is not a usual use.

“They are not usually used as a detention facility. They’re not usually used as a place where masked federal agents who don’t present warrants or give reasons for charges, separate families, haul people violently away and make them sleep on the floor. That is not the usual use of the 10th floor of 26 Federal Plaza, a federal office building paid for by taxpayers,” Lander said. “What I will say is someone was unreasonably obstructing the usual use of the 10th floor of 26 Federal Plaza on the 18th of September. But it was not me, it was ICE age.”

Comptroller Brad Lander argues at Federal Court.Photo by Lloyd Mitchell

According to Lander’s legal team, for the upcoming trial the government is looking to produce evidence regarding what took place in the elevator bank that afternoon. Attorney Deirdre von Dornum stated that in order to prove an obstruction, they would also have to prove its usual use.

“We made clear in court today, and will continue to, that what we believe it is necessary for the government to prove obstruction of the usual use is what use was ICE making of that 10th floor in September, because otherwise they can’t show that Mr. Lander and our other elected officials violated that,”

amNewYork documented the arrests in September that, in addition to Lander, included the likes of state Sen. Julia Salazar, Assembly Member Jessica González-Rojas, state Sen. Jabari Brisport, and more as they attempted to knock on the doors on the 10th floor only for those behind them to begin taping the shut.

New York City Comptroller Brad Lander said on Tuesday that he rejected a plea deal for his September arrest inside 26 Federal Plaza and instead will go to trial.Photo by Dean Moses

More than a dozen city and state elected officials who federal agents arrested on Thursday afternoon in and around federal immigration courts in Lower Manhattan.Photo by Dean Moses

While his fellow politicians took a plea deal that prevents them from being arrested again inside a federal building for the next six months, Lander declined and demanded a trial that, if convicted, could result in jail time. The city’s fiscal watchdog said he wanted to confront those who arrested him and force them to divulge what they are doing on the 10th floor.

“These are urgent times when ICE agents are abducting our neighbors. Donald Trump is stealing money from New York City’s bank account. I think people are looking for leaders who will put their bodies on the line,” Lander said.

Lander is next expected to appear in court on December 22.

“They are not usually used as a detention facility. They’re not usually used as a place where masked federal agents who don’t present warrants or give reasons for charges, separate families, haul people violently away and make them sleep on the floor. That is not the usual use of the 10th floor of 26 Federal Plaza, a federal office building paid for by taxpayers,” Lander said.Photo by Lloyd Mitchell