Anti-ICE protesters arrested by federal government are Peter Booth (no photo) and (from left to right) Henry Prensky, Lexington Kennedy, Roan Wade, and Sherri Wormser.

By Michael Donoghue, Vermont News First

Five activists, who police say blocked the entrances to the U.S. Immigration and Customs Enforcement National Criminal Analysis and Targeting Center in Williston, are now facing federal court charges.

Peter Booth, 58, of Jericho; Lexington Kennedy, 22, of New York City; Henry Prensky, 80, of Burlington; Roan Wade, 23, of Red Hook, N.Y.; and Sherri Wormser, 57, of Colchester were charged by the U.S. Attorney’s Office in Burlington late this afternoon.

The move comes after Chittenden County State’s Attorney Sarah George refused to honor the criminal trespass citations that the Vermont State Police have issued this year to about two dozen people that troopers said blocked the building.

Attorney General Charity Clark did step in recently and said her office will pursue state charges against 13 people arrested during a July incident. A dozen people pleaded not guilty in Vermont Superior Court last week, while a 13th defendant is being treated as a juvenile because the Dartmouth College student is 18 years-old.

Booth, Kennedy, Prensky and Wade have been arrested twice by Vermont State Police this year for knowingly obstructing access to the ICE facility in the White Cap business park on Industrial Avenue, records show.

Wormser has been arrested once at Williston.

Wormser also has been one of the more vocal activists. She spoke at a Statehouse hearing about an ICE operation in South Burlington in March. She also was vocal during a protest in August when some colleagues were upset that ICE was allowed to use the Patrick J. Leahy Burlington International Airport in South Burlington to transport illegal immigrants during deportation proceedings.

According to the new charges, the obstructions in Williston also prevented the public having access to a medical facility and a cafe in the building, officials have said. It included blocking entrances and exits, foyers, lobbies, corridors, and offices.

The federal charges appeared to have been filed because police said the defendants went from the right of the people to peaceably assemble to actually obstructing work.

Clark, who has concurrent jurisdiction as Sarah George to file criminal charges, has come under recent fire from other liberal Democrats for enforcing the trespass law. Clark, who said she has protested against ICE in the past, said the law is the law and she needs to uphold it as attorney general.

No known arraignment dates have been set in U.S. District Court before Magistrate Judge Kevin J. Doyle.

The federal court is expected to issue summonses to the five anti-ICE activists.

Booth, who is vice chair of the Jericho Selectboard, Kennedy, who is a May graduate from the University of Vermont, Prensky, Wade, and Wormser face up to 30 days in prison and up to a $5,000 fine if convicted.

The court charges note there are signs throughout the multi-unit commercial building that identify it as private property. The signs also say no trespassing and no loitering. They also state: “This building is intended for tenants and their invited clients & guests. Unauthorized access is not permitted.”

NCATC leases office space from White Cap Ventures LLC and is therefore a federal facility and federal property under the law, the charges note. There are signs by the doors that note the space is federal property and indicate: “WARNING: Criminal offenses committed on these premises will be prosecuted under Federal Law.”

Booth, Kennedy, Prensky, Wade, and Wormser entered the atrium of the White Cap building and used their bodies to block the access doors between the atrium and the federal facility on Feb. 9, Vermont State Police have said.

All five were repeatedly warned they were violating the law, but each opted to ignore repeated warnings to move along. They were given three chances to leave, but refused.

Public access to the federal facility was restored only when law enforcement physically removed the five from the building.

Booth and Prensky again entered the atrium of the White Cap building on May 14 and used their bodies to block the public access to the doors between the atrium and the federal facility, the charges note.

They also ignored the warnings on that day and were among four people arrested, state police said.

Kennedy and Wade again entered the atrium of the White Cap building on July 24 and used their bodies to block the access doors, police said.

They were both warned, but ignored lawful orders to disperse and were arrested on state charges, police said.

“By repeatedly blocking the entrances and exits to this federal facility, the defendants created a risk to the safety and wellbeing of the Vermonters who work there,” First Assistant U.S. Attorney Jonathan A. Ophardt said Wednesday.

“Such obstructions are dangerous, as they restrict the ability of people to enter and exit the facility, including in the event of an emergency,” he said.

“Moreover, the actions of these defendants, and others, necessitated a substantial police response, diverting law enforcement resources from other important priorities and responsibilities,” Ophardt stated.

The U.S. Attorney’s Office will prosecute all those who knowingly obstruct access to federal facilities, Ophardt said.

Ophardt thanked the Vermont State Police, Williston Police, and the Federal Protective Service for their assistance in maintaining access to and from the federal facility.