A district court judge has declined to dismiss charges against Worcester City Councilor Etel Haxhiaj for her actions during a federal immigration operation in May.
Haxhiaj was among some 30 people who confronted U.S. Immigration and Customs Enforcement agents on Eureka Street as they took a woman into custody. Worcester police say they arrived at the scene after receiving calls expressing concerns about the crowd. Police allege that Haxhiaj assaulted a local officer and interfered with their response.
In September, Haxhiaj’s attorney filed a motion with Judge Janet McGuiggan seeking to dismiss the charges. The lawyer argued that police body camera footage of the incident shows her client did nothing wrong.
But in a filing, McGuiggan denied the motion, writing that Haxhiaj can argue her case at trial. McGuiggan did the same for Ashley Spring, who was a candidate for Worcester School Committee at the time of the immigration operation and also faces charges of assaulting an officer during the incident. The court set a trial date for Haxhiaj and Spring for Feb. 15.
Haxhiaj was in the courtroom Wednesday for a status hearing on the motion to dismiss. After learning of the judge’s ruling, she walked out of the courthouse resolute but emotional.
“I’m profoundly disappointed by the judge’s decision to move the charges forward,” she told about a dozen friends and supporters waiting for her in front of the courthouse. “I will continue to fight for the people of my city.”
She then began crying as she hugged supporters.
Haxhiaj represents District 5, where the immigration operation took place, and lost her bid for reelection Nov. 4 to challenger Jose Rivera.
Over the last year on council, Haxhiaj has called for more police accountability in response to a U.S. Department of Justice probe that found local police officers had used excessive force and engaged in “outrageous” sexual conduct. The councilor has also defended her actions during the May immigration operation, saying she was only trying to protect her constituents and doesn’t regret that.
Outside the courthouse Wednesday, she called out other Worcester political leaders for choosing to be silent “in the face of injustice and abuse of power.”
“History remembers those who act, and history remembers those who [cower],” she said.
The office of Mayor Joe Petty has not responded to GBH’s requests for comment.
In the Eureka Street operation, ICE agents detained Rosane Ferreira-De Oliveira, a Brazilian mother of four. She was later released from custody after an immigration judge granted her asylum.
Body camera footage of the incident released by Worcester police shows Haxhiaj pleading with the federal agents not to arrest Ferreira-De Oliveira. At one point, a Worcester officer pulls Haxhiaj away from a federal immigration vehicle. In the process, Haxhiaj’s hands make contact with the officer, and the councilor yells, “Do not touch me.”
The police department has alleged that Haxhiaj pushed the officer in the chest and pulled the officer’s arm. Worcester police union officials have also denounced her behavior and called her unfit to serve.
Haxhiaj has claimed that the charges against her are retaliatory and politically motivated. The Worcester Police Department declined to respond to Haxhiaj’s claims.
Haxhiaj and Spring are due to return to court on Dec. 15.
State prosecutor Steven Gagne with the Northwestern District Attorney’s Office said he plans to file a motion to consolidate both cases. Haxhiaj’s lawyer said she’ll argue against that.
