Harassment Suspect Evades ICE During Courthouse Raid

A man scheduled for sentencing on harassment charges evaded arrest by federal immigration agents at the city-county Government Center in Rochester, aided by immigrant rights advocates.

Francisco Javier Montoya, identified by the Post-Bulletin, escaped after campaigners intervened, one even swapping clothes with him to help him avoid detection.

Newsweek has contacted the Department of Homeland Security (DHS) for comment.

Federal agents takes a person into custody after an immigration court hearing outside an immigration court, Wednesday, May 21, 2025, in Phoenix.

Ross D. Franklin/AP

Why It Matters

In January, the Department of Homeland Security (DHS) issued a new directive reversing its policy on protected areas and courthouse arrests. The original policy sought to restrict ICE enforcement in sensitive locations, including courtrooms, to ensure that individuals could access vital services without fear of detention.

What to Know

Montoya was at the courthouse for a sentencing hearing related to a gross misdemeanor harassment charge stemming from a February incident. According to his attorney, Kalen Best, Montoya and his legal team became aware of ICE agents’ presence in the building during the proceedings. At least four agents, some in plain clothes and others in tactical gear displaying ICE badges, were seen patrolling the courthouse.

After the agents departed around 12:30 p.m., Montoya managed to leave the building. Reports indicate that he exchanged clothing with a volunteer from the advocacy groups and exited the courthouse undetected, entering a waiting SUV in the parking lot.

In response to the ICE presence, local advocacy groups Indivisible 507 and Community Organizing Power and Action Latinos (COPAL) mobilized to assist Montoya. David Perdomo, Southeast Minnesota lead organizer with COPAL, stated that he came to the courthouse to ensure Montoya’s rights were protected. “Everyone has rights in every situation,” Perdomo emphasized.

The Post-Bulletin reported that Montoya made phone calls to family members from inside the courthouse and was overheard saying, “I hope to see my kids again.” He later confirmed to a reporter that he was referring to his two children, ages 8 and 4.

The Olmsted County Attorney’s Office released a statement clarifying that it had no prior knowledge of ICE’s intentions to detain Montoya.

What People Are Saying

Olmsted County Attorney Michael Walters said in a statement: “Our office plays no role in the deportation process, and ICE does not coordinate their actions with us. At the time of Mr. Montoya’s 10:00 a.m. hearing, our attorneys did not know that ICE had any interest in him.

“Our prosecution in State V. Montoya arose from charges of stalking, threats, and harassment. After consulting with the victim, we determined that we would recommend a plea of guilty to gross-misdemeanor harassment with a standard term for probation. This resolution was based entirely on the facts of the case and input from the victim. Mr. Montoya’s citizenship played no role.

“We will pursue equal justice under the law in every case, without regard to race, creed, or nationality. We pursue just outcomes based on the needs of public safety and the facts of each case. And we do not base our judgements on federal immigration policy.”