LYNN, Mass. — Essex District Attorney Paul F. Tucker announced Friday that his office has dropped a criminal charge against an 18-year-old North Shore woman who was taken into custody by U.S. Immigration and Customs Enforcement earlier this week.
Zeneyda Barrera, of Lynn, was arrested Monday on a charge of assault and battery on a family or household member but before arraignment, she was referred to the Essex County District Attorney’s Youthful Diversion Program, which allows certain first-time offenders to participate in a variety of programming in lieu of entering the court system, according to Tucker.
Barrera was found to meet the program’s eligibility requirements, however, she was apprehended by ICE before she could enter the diversion program and complete the program contract, Tucker noted.
“Today, my office filed a nolle prosequi – or decision not to prosecute – in this case,” Tucker said in a statement. “This ceases the criminal prosecution of Barrera but allows her to enter and complete the diversion program.”
Lynn Mayor Jared C. Nicholson and Massachusetts Congressman Seth Moulton are hopeful Barrera will be released from custody.
“We hope this means that Zeneyda will be able to come home to her family and we appreciate all the coordination that has taken place with various local, state, and federal agencies,” Nicholson said in a statement.
Moulton vowed to fight for Barrera to be reunited with her loved ones.
“This incident underscores the importance of compassion and understanding in our legal processes, particularly for our youth,” Moulton said in a statement.
Patrick Callahan, Barrera’s attorney, thanked Tucker and his office for making the “right and just decision” in ending prosecution against his client.
A statement from Chief Christopher P. Reddy said:
The Lynn Police Department recognizes the legitimate concerns expressed by community members regarding recent activity by federal immigration enforcement (ICE) officials in the City of Lynn. We value all members of this community including the many hard working immigrant members who contribute to our shared success.
We are committed to providing accurate information and working to ensure that all members of this community are safe and supported. The Lynn Police Department, like all Massachusetts state and local police agencies, does not and is not authorized to enforce federal immigration law. We have been advised that ICE enforcement initiatives are currently focused on individuals who have committed serious crimes.
It is imperative for victims and witnesses to feel confident that they can seek assistance from the police without fear that it may put at risk their presence in the United States. We remain committed to protecting and supporting all members of this community regardless of immigration status.
In a statement, Mayor Jared Nicholson said in part:
“I am so relieved that Zeneyda has been released and reunited with her family. We appreciate all the coordination that has taken place with various local, state and federal agencies. Public safety is always a priority for us. What is concerning about cases such as this one is the potential chilling effect it could have on the good policing that the Lynn Police Department does on a regular basis, if people are afraid of the implications of contacting law enforcement. The LPD does not ask for immigration status and cares deeply about keeping the entire community safe.”
The mayor also says he’s been in touch with the Barrera family and federal delegation to connect her with resources needed for her immigration case.
“ICE should consider all the circumstances when taking any enforcement action,” Mayor Nicholson said. “If ICE’s intent is to target violent offenders who put our community at risk, people like Zeneyda should not be detained.”
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