Lynn teen taken into ICE custody after fight with brother reunited with family, lawyer says

A teenager from Lynn, Massachusetts, who'd been in custody of immigration officials after someone reported her in a domestic disturbance call over an incident involving a fight with her younger brother has been reunited with her family, her lawyer said Friday night.

The update comes hours after Essex County district attorney dropped the assault charge against the teenager.

The case caused outrage with 18-year-old Zeneyda Barrera's family and dismay among local officials, who were under the impression U.S. Immigration and Customs Enforcement would only target violent criminals. Barrera's court-appointed defense attorney, Patrick Callahan, had pointed out she had legal status in the country.

He confirmed to NBC10 Boston and Telemundo Nueva Inglaterra Friday night that Barrera was with her mother after being released. He didn't immediately share more information.

NBC10 Boston has reached out to ICE for an update on the case.

Mayor Jared Nicholson said the teenager's release was due to the cooperation of federal, state and local officials.

"ICE has said that they are targeting violent criminals that pose a risk to the community. Clearly that didn't happen here and I think if ICE is able to stick to that, then they will not be detaining folks like Zeneyda," Nicholson said.

Immigrant advocates rallied this week outside the State House to call for legislators to pass a law that would prohibit any collaboration between ICE and local law enforcement.

Barrera was home when Lynn police arrested her early Monday morning. Her stepfather said it was preceded by an argument between her and her 12-year-old brother over a cellphone. The police report states the boy was pushed to the ground.

That same morning, Barrera was taken to court to see a judge, but to her lawyer's surprise, she was taken by ICE. It's unclear who called ICE to the Lynn District Court on Monday.

"I was taken aback by it," Callahan has said. "It's usual for ICE to take an individual into custody who has legal status here in this country... This is not a person who is a danger to society."

Callahan said Barrera has no criminal record and has been going to high school while also working.

Barrera's family told The Boston Globe that she came with them to the U.S. from Nicaragua more than two years ago, turning themselves in to immigration authorities after crossing the border illegally. While the family is in the process of applying for asylum, Barrera has work authorization.

In a press release issued Friday, the Essex County District Attorney's Office said Barrera was referred to its Youthful Diversion Program prior to arraignment, which allows certain first-time offenders to participate in a variety of programming instead of entering the court system. But the office said she was taken into custody by ICE prior to formally entering the diversion program.

Essex County District Attorney Paul Tucker said his office filed a nolle prosequi on Friday, a decision not to prosecute the case. That ends the criminal prosecution of Barrera and clears the way for her to enter and complete the diversion program.

But it had not been clear if that meant the teen would be released by ICE. She had been held in Maine following her arrest.

“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,” Lynn Mayor Jared Nicholson said in an earlier statement. "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 Lynn Police Department does not ask for immigration status and cares deeply about keeping the entire community safe.”