Justice Dept files motion to dismiss criminal case against labor leader David Huerta

Prosecutors have moved to dismiss its case against the SEIU West president.

ByERIC TUCKER and AMY TAXIN AP logo
Monday, July 27, 2026 8:41PM
Justice Dept files motion to dismiss case against David Huerta
Federal prosecutors are moving to dismiss their case against SEIU West President David Huerta, who was arrested during immigration raids last summer.

The Justice Department has moved to dismiss its criminal case against a labor union leader who was arrested while protesting the Trump administration's immigration crackdown in California.

The U.S. attorney's office in Los Angeles filed a motion Monday to dismiss its case against David Huerta, president of Service Employees International Union California, which has more than 750,000 members including janitors, security officers and other workers. The government will seek to have the case permanently withdrawn within weeks if Huerta continues to comply with the terms of his pretrial release and stays out of trouble, prosecutors said.

There was never a real case, only an attempt to punish and silence me for exercising my constitutional rights
David Huerta, president of SEIU-United Service Workers West

Huerta said in a statement that he was tackled, pepper-sprayed and detained for exercising his constitutional rights to protest and cast the case against him as part of a broader “weaponization of the judicial system.”

“There was never a real case, only an attempt to punish and silence me for exercising my constitutional rights,” he said in a statement. “I will keep exercising my constitutional rights and protest every abuse this administration commits, and I will keep working to build a country that treats immigrant families and all workers with the dignity they deserve.”

The Justice Department had earlier reduced the felony obstruction charge to a misdemeanor, and in moving to dismiss it entirely, is now backing away entirely from a prosecution that had been announced with fanfare on social media after Huerta's arrest more than a year ago. It's the latest courtroom setback for a department that has struggled, in offices across the country, in its prosecutions of people accused of assaulting or hindering federal officers while protesting President Donald Trump’s immigration crackdown.

The U.S. attorney's office in Los Angeles said in its own statement that the department doesn't arrest people for peacefully protesting. The office said that Huerta was charged with interfering with a judicial search warrant and has complied with the terms of his bond for more than a year.

“Pursuant to an agreement entered into with our office, if Mr. Huerta continues to comply with his pretrial release terms, we expect the criminal case against him to be fully dismissed by the end of next month,” the statement said.

Huerta was arrested in June 2025 while protesting outside a business in Los Angeles where federal agents were investigating suspected immigration violations. The incident occurred amid widespread protests over the federal immigration crackdown that drove Trump to take the extraordinary move of deploying the National Guard to the nation’s second-largest city.

Authorities said Huerta sat down in front of a vehicular gate and encouraged others to walk in circles to try to prevent law enforcement from going in or out, and he pushed back when an officer told him to leave and put his hands on Huerta to move him out of the way of a vehicle.

Union leaders and immigrant advocates rallied in cities across the country demanding Huerta's release and he became the face of the pushback against the Republican president's effort to drive up immigration arrests. Top Democrats also fired back. Senate Democratic Leader Chuck Schumer and California’s two Democratic senators wrote a letter to federal officials demanding answers regarding Huerta’s arrest. California Sen. Adam Schiff attended Huerta’s bond hearing.

“It is deeply troubling that a U.S. citizen, union leader, and upstanding member of the Los Angeles community continues to be detained by the federal government for exercising his rights to observe immigration enforcement,” the senators wrote.

Federal prosecutors initially charged Huerta with felony obstruction. Bill Essayli, the top U.S. prosecutor in Los Angeles, said it didn't matter who was protesting "if you impede federal agents, you will be arrested and prosecuted.”

In October, prosecutors reduced the charge against Huerta to a misdemeanor. The same month, Essayli was disqualified from several cases by a judge who concluded the Trump appointee stayed on as acting U.S. attorney longer than allowed by law. Essayli, who was previously a California state legislator, is now technically the first assistant U.S. attorney in Los Angeles.

Huerta’s lawyers, Abbe Lowell and Marilyn Bednarski, said in a statement that the case against their client had no legal basis.

“This case, like others, sought to silence criticism of the administration’s improper immigration actions. Today’s filing is proof that David and other critics will not be silenced,” the lawyers said.

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