SAN DIEGO (KGTV) — A new class-action lawsuit seeks to halt Immigration and Customs Enforcement (ICE) agents from arresting people at immigration courts across the country, including in San Diego.
The lawsuit claims these arrests violate both immigration law and the Constitution, as people are being detained after showing up for their scheduled court appearances.
Volunteers tell ABC 10News these detentions have become commonplace since at least late May. Volunteers now line the hallways of the court to observe and accompany people with court dates.
"They're following the rules. They're showing up for their dates. They figure they've done everything right, and then they're told that they're going to be taken," said a volunteer.
Legal advocates and several individual parties filed the class-action lawsuit in D.C. in an attempt to stop the practice. They argue the arrests are an intimidation tactic, accusing the Trump administration of "weaponizing" immigration courts.
"We've never seen anyone at risk of being detained because these are people who are not security risks. They are not flight risks, as evidenced by them showing up to court," said one of volunteer court observers.
The plaintiffs argue this enforcement has also deterred people from attending court altogether, which typically results in orders for removal when someone fails to appear.
"It's just going to force more and more people into hiding, into dangerous situations, and frankly, is a threat to the entire process of legal immigration," said a volunteer who did not want to be named.
When asked about the lawsuit and arrests, the Department of Homeland Security sent ABC 10News the following statement:
“Secretary Noem is reversing Biden’s catch and release policy that allowed millions of unvetted illegal aliens to be let loose on American streets. This Administration is once again implementing the rule of law.
Most aliens who illegally entered the United States within the past two years are subject to expedited removals. Biden ignored this legal fact and chose to release millions of illegal aliens, including violent criminals, into the country with a notice to appear before an immigration judge. ICE is now following the law and placing these illegal aliens in expedited removal, as they always should have been.
If they have a valid credible fear claim, they will continue in immigration proceedings, but if no valid claim is found, aliens will be subject to a swift deportation.”
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