Lawsuit Aims to Stop ICE from Arresting Migrants at Court Hearings

A group of immigrants and legal advocates filed a class-action lawsuit Wednesday that seeks to stop Immigration and Customs Enforcement officers from arresting migrants who appear at immigration courts for previously scheduled hearings and placing them on a fast-track to deportation.

The lawsuit, filed in U.S. District Court for the District of Columbia against the Department of Homeland Security, Justice Department, and ICE, alleges that the arrests of thousands of individuals at court have violated their rights under U.S. immigration law and the Fifth Amendment.

The widespread immigration court arrests that began in May have instilled fear among asylum-seekers and immigrants. A now-familiar scene unfolds: a judge grants a government lawyer’s request to dismiss deportation proceedings against an immigrant, while ICE officers wait in the hallway to take them into custody.

Skye Perryman, president and CEO of Democracy Forward, one of the organizations behind the lawsuit, accused the Trump administration of “weaponizing” immigration courts and discouraging participation in the legal process.

“Individuals seeking refuge, safety, or relief should not be arrested, detained, and deported without an opportunity to be heard and given due process,” Perryman stated.

Requests for comment from ICE, Homeland Security, and the Justice Department were not immediately answered. The Executive Office for Immigration Review, which oversees the courts, declined to comment.

President Donald Trump has pledged to deport the most dangerous criminals in the largest deportation program in American history to protect law-abiding citizens. However, government data on detentions reveal that the majority of individuals detained by ICE have no criminal convictions.

The lawsuit represents 12 individuals who have been arrested at court hearings, along with the Immigrant Advocates Response Collaborative and American Gateways, organizations that provide legal services to people facing potential arrest and deportation when complying with their immigration proceedings by attending court hearings.

According to the lawsuit, some of the immigrants have lived in the U.S. for years and were separated from family members, including U.S. citizens, without notice. Others fled persecution in their home countries and sought asylum, but their requests were quashed when government lawyers dismissed their cases.

Priyanka Gandhi-Abriano, interim CEO of the Immigrant Advocates Response Collaborative, characterized the arrests as a deliberate intimidation tactic.

“Our friends, neighbors, and families are told to ‘do it the right way’ – to follow the legal process,” Gandhi-Abriano said. “They’re doing just that – showing up to court, complying with the law. Despite this, they’re being arrested and detained.”

Homeland Security officials have defended the practice, stating that the Trump administration is enforcing the rule of law after former President Joe Biden’s “catch and release” policy, which they claim allowed millions of unvetted illegal aliens to be released into American communities.

They maintain that if an individual has a credible fear claim, they can continue in the immigration proceedings. However, if no claim is found, they will be subject to swift deportation.

Keren Zwick, director of litigation at the National Immigrant Justice Center, stated, “We are witnessing an authoritarian takeover of the U.S. immigration court system by the Trump administration.”

People attending hearings to seek permission to stay in the U.S. are being rounded up and “abruptly torn from their families, homes, and livelihoods.”

“Meanwhile, the administration is issuing directives telling immigration judges to violate those same immigration laws and strip people of fundamental due process rights,” Zwick added.

“We must continue fighting to overcome the administration’s escalating attacks on the U.S. Constitution and rule of law.” (AP)