
Federal Judge Denies Dismissal in Spokane Anti-ICE Case, Spotlighting Judiciary's Role in Shielding Immigration Enforcement from Activist Disruption
Judge upholds federal conspiracy charges against three Spokane anti-ICE protesters, rejecting First Amendment dismissal motions in a case tied to vehicle blocking during 2025 deportations protest. Highlights judicial support for immigration enforcement and potential selective prosecution of activist disruption under Trump DOJ.
In a ruling that underscores the tension between First Amendment protections and federal law enforcement operations, U.S. District Judge Rebecca Pennell denied motions to dismiss conspiracy charges against three anti-ICE protesters from a June 2025 demonstration outside a Spokane, Washington facility. The defendants—Jac Archer, Justice Forral, and U.S. Army veteran Bajun Malvalwalla—face trial on May 18 after allegedly blocking a transport van, deflating tires, and obstructing exits during protests sparked by the detention of two Venezuelan immigrants. This decision aligns with the Trump administration's broader immigration enforcement push, which has included indictments of nine protesters on charges of conspiracy to impede or injure federal officers. Six others, including former Spokane City Council President Ben Stuckart, accepted plea deals.[1][2]
Court records and local reporting reveal the protest was part of coordinated actions in Seattle, Portland, and other cities opposing mass deportations. Defense attorneys argued the actions constituted protected civil disobedience and free speech, citing 'time-worn' methods of nonviolent resistance. However, the Department of Justice countered that the conduct crossed into criminal interference. The judge also rejected challenges to the indictment's validity tied to the appointment of federal prosecutors, including the reported resignation of acting U.S. Attorney Richard Baker shortly before charges were filed—details highlighted in investigative reporting suggesting internal hesitation over the unprecedented use of conspiracy charges against domestic ICE protesters.[3]
This case exposes selective application of law: while disruptive protests have historically received varied treatment depending on political context (from leniency in some progressive-led actions to aggressive federal responses in others), the current DOJ approach under Trump signals zero tolerance for physical disruption of immigration operations. PBS reporting framed the charges against veteran Malvalwalla as a potential escalation in criminalizing dissent, with legal experts questioning whether it chills constitutionally protected assembly near federal facilities. Pretrial motions seek to bar defense arguments framing the event as a 'protest' or referencing political influence, further illustrating institutional prioritization of enforcement over narrative defenses. Connections to nationwide patterns suggest this isn't isolated but part of a judicial and executive strategy to deter activist tactics that impede border policy implementation, raising deeper questions about equity in how 'disruption' is prosecuted across ideological lines. Local activists, including the Peace and Justice Action League of Spokane, continue calling for community support for immigrants amid fears of targeted enforcement.[4]
[Judiciary]: By denying First Amendment protections for actions that physically disrupt ICE transports, courts are reinforcing immigration enforcement priorities and likely deterring similar activist blockades while inviting claims of uneven legal standards across protest movements.
Sources (4)
- [1]Three Spokane protestors face trial after judge denies dismissal of federal charges(https://www.krem.com/article/news/local/three-spokane-protestors-face-trial-judge-denies-dismissal-federal-charges/293-d5d71adf-9b95-4949-8bd9-fce5c4780f3d)
- [2]Three Washington ICE protesters to face trial after federal judge denies motion to dismiss case(https://www.thereflector.com/stories/three-washington-ice-protesters-to-face-trial-after-federal-judge-denies-motion-to-dismiss-case,400407)
- [3]Army veteran faces conspiracy charges after participating in anti-ICE protest(https://www.pbs.org/newshour/show/army-veteran-faces-conspiracy-charges-after-participating-in-anti-ice-protest)
- [4]Judge rules Spokane 9 case will go to trial(https://www.rangemedia.co/judge-rules-spokane-9-case-will-go-to-trial/)