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She fled Cuba for asylum – then was snatched from a US immigration courtroom

She fled Cuba for asylum – then was snatched from a US immigration courtroom

The Guardian2 days ago
Jerome traveled a thousand miles from California to El Paso, Texas, so he could accompany Jenny to her immigration hearing. He and his wife had promised to take her after she had fled Cuba last December, after the government there had targeted her because she had reported on the country's deplorable conditions for her college radio station.
Everything should have been fine. Jenny, 25, had entered the United States legally under one of Joe Biden's now-defunct programs, CBP One. By the end of the year, she could apply for a green card.
But a few days before her hearing, Jerome started to feel like something was off. Jenny's court date had been abruptly moved from May to June with no explanation. Arrests at immigration courthouses peppered the news.
And when Jenny went before the court, the government attorney assigned to try to deport her asked the judge to dismiss her case, arguing vaguely that circumstances had changed.
Instead, the judge noted that Jenny was pursuing an asylum claim and scheduled her for another court date in August 2026 – the best possible outcome.
'She turned around and looked at me and smiled. And I smiled back, because she understood that she was free to go home,' Jerome said.
But as Jenny left the courtroom and approached the elevator to leave, a crowd of government agents in masks converged on her and demanded she go with them. Just before she disappeared down a corridor with the phalanx of officers, she turned back to look at Jerome, her face stricken, silently pleading with him to do something.
'I said, 'She's legal. She's here legally. And you guys just don't care, do you? Nobody cares about this. You guys just like pulling people away like this,'' Jerome recalled telling the agents. 'And nobody said a word. They couldn't even look me in the eye,' he told the Guardian.
Footage of her apprehension was taken by those advocating for her and shared with the Guardian.
Now Jenny is languishing in immigration custody. Her hearing for August 2026 has been replaced with a date for next month when the government attorney might once again attempt to dismiss her case, and her case been transferred from a judge who grants a majority of asylum applications to one with a less than 22% approval rate.
'There's no heart, there's no compassion, there's no empathy, there's no anything. [It's] 'We're just going to yank this woman away from you, and we don't care,'' Jerome said. The Guardian is not using his or Jenny's full name for their safety.
Similar scenes have played out again and again at immigration courthouses across the country for weeks, as people following the federal government's directions and attending their hearings are being scooped up and sent to US Immigration and Customs Enforcement (Ice) detention.
The unusual tactics are happening while Donald Trump and his deputy chief of staff for policy, Stephen Miller, push for Ice to make at least 3,000 daily arrests – a tenfold increase from during Biden's last year in office. Ice agents have suddenly become regulars at immigration court, where they can easily find soft targets.
At first, the officers appeared to focus arrests on a subset of migrants who had been in the US for fewer than two years, which the Trump administration argues makes them susceptible to a fast-tracked deportation scheme called expedited removal. Ice officers seem to confer with their agency's attorneys, who ask the judge to dismiss the migrants' cases, as they did with Jenny. And, if judges agree, the migrants are detained on their way out of court so that officials can reprocess them through expedited removal, which allows the federal government to repatriate people with far less due process, sometimes without even seeing another judge.
But reporting by the Guardian has uncovered how Ice is casting a far wider net for its immigration court arrests and appears also to be targeting people such as Jenny whose cases are ongoing and have not been dismissed. The agency is also snatching up court attendees who have clearly been in the US for longer than two years – the maximum timeframe that according to US law determines whether someone can be placed in expedited removal – as well as those who have a pathway to remain in the country legally.
After the migrants are apprehended, they're stuffed into often overcrowded, likely privately run detention centers, sometimes far from their US-based homes and families. They're put through high-stakes tests that will determine whether they have a future in the US, with limited access to attorneys. And as they endure inhospitable conditions in prisons and jails, the likelihood of them having both the will to keep fighting their case and the legal right to stay dwindles.
'To see individuals who are law-abiding and who have received a follow-up court date only to be greeted by a group of large men in masks and whisked away to an unknown location in a building is jarring. It breaks my understanding and conception of the United States having a lawful due process,' said Emily Miller, who is part of a larger volunteer group in El Paso trying to protect migrants as best they can.
One woman Miller saw apprehended had come to the US legally, submitted her asylum petition the day of her hearing, and was given a follow-up court date by the judge before Ice detained her.
'My physical reaction was standing in the hallway shaking. My body just physically started shaking, out of shock and out of concern,' Miller said. 'I have lived in other countries where I've been a stranger in a strange land and did not speak the language or had limited language abilities. And as a woman, to be greeted by masked men is something we are taught to fear because of violence that could happen to us.'
Elsewhere in Texas, at the San Antonio immigration court earlier this month, a toddler dressed in pink and white overalls ran gleefully around the drab waiting room. Far more chairs than people lined the room's perimeter, as if more attendees had been expected. A constantly multitasking employee at the front window bowed her head in frustration as the caller she was speaking to kept asking more questions. Self-help legal pamphlets hung on the wall – a reminder that the representation rate for people in immigration proceedings has plummeted in recent years, and the vast majority of migrants are navigating the deportation process with little to no expert help.
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In one of the courtrooms, a family took their seats before the judge. Their seven-year-old boy pulled his shirt over his nose, his arms inside the arm holes. The government attorney sitting with a can of Dr Pepper on her desk promptly told the judge she had a motion to introduce, even as the family filed their asylum applications. She wanted to dismiss their cases, she said, as it was no longer in the government's best interest to proceed.
The judge said no. She scheduled the family for their final hearings just over a year later. And she warned them, carefully, that Ice might approach them as soon as they left her courtroom. What happened next, she said, was not in her control.
Her last words to the family: 'Good luck.'
Men in bulletproof vests were hanging around in the hallway, but the family safely made it into the elevator and left the courthouse for the parking lot. Stephanie Spiro, associate director of protection-based relief at the National Immigrant Justice Center (NIJC), said that for the most part, Ice is leaving families with children alone (with notable exceptions). It's 'single adults' they're after, people who often have loved ones in the US depending on them, but whose immigration cases involve them alone, she said.
A few days later, two such adults – a man and a woman – separately went before a different immigration judge in San Antonio, whose courtroom had signs encouraging people to 'self-deport', the Trump administration's phrase for leaving the country voluntarily before being removed.
The government attorney that day moved to dismiss both the man's and the woman's cases, which the judge granted, dismissing the man's case even before the government attorney had given a reason why.
Using a Turkish interpreter, the judge then told the man it was likely that immigration authorities would try to put him into expedited removal – despite the fact that he had entered the US more than two years earlier.
Soon after, the woman – who had been in the country for nearly four years – went before the court without a lawyer. The judge tried to explain to her what might happen if her case were dismissed, but as he finished, she admitted in Spanish: 'I haven't understood much of what you've told me.'
The woman went on to say that she was deep in the process of applying for a visa for victims of serious crimes in the US – a visa that provides a pathway to citizenship. But the judge was upset with her for not also filing an asylum application, and he threatened to order her repatriated. It was the government attorney who 'saved' her, the judge said, by requesting the case be dismissed instead.
As soon as the woman walked out of the courtroom, agents approached her and directed her out of the hallway, into a small room. Around the same time, outside the building, men wearing gaiters over their faces ushered a group of people into a white bus, presumably to be transported to detention.
Spiro of the NIJC, meanwhile, works in Chicago and said she and fellow advocates have documented Ice officers in plainclothes coming to immigration court there with a list of whom they're targeting – and court attendees are apprehended whether or not their case is dismissed.
'People are getting detained regardless,' Spiro added. 'And once they're detained, it makes it just so much harder to put forth their claim.'
Migrants picked up at the court in Chicago have been sent to Missouri, Florida and Texas – to detention spaces that still have capacity, but also to where judges are more likely to side with the Trump administration for speedier deportations. Many of them end up far from their loved ones, and a lag in Ice's publicly accessible online detainee locator has meant some of them have at times essentially disappeared.
As word of mouth has spread among immigrant communities in Chicago about these arrests, the once bustling court has gone eerily quiet, Spiro said. That, in turn, could have its own serious consequences, as no-shows for hearings are often ordered deported.
'They don't want to leave their house because of the detentions that are happening,' Spiro said of Chicago's immigrants. 'So to go to court, and to go anywhere – they don't want to come to our office. To go anywhere where there's federal agents and where they know Ice is trying to detain you is just terrifying beyond, you know, most people's imagination.'
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DHS's own subsequent reports, however, reveal multiple factual discrepancies in the narrative initially presented by officers and prosecutors. While the complaint suggested Cerna-Camacho, Ramos Brito and Mojica attacked agents in protest of the sisters' arrest, records show the women were arrested in a separate incident – which occurred after the men were detained. Border patrol agent Eduardo Mejorado, a key witness considered a victim of the assaults, appeared to initially give inaccurate testimony about the order of events. He 'clarified' the timeline when questioned, a DHS special agent wrote in a report three days after charges were filed. A supervisor on the scene also documented the correct chronology in a later report and 'apologized' for errors, saying, 'Due to the chaos of the events that day, some events may have been miscommunicated'. Mojica had outlined the discrepancies in an interview with the Guardian days after his arrest. The DHS special agent also noted that defense lawyers had presented video they said was 'in direct contrast to the facts' laid out in the initial complaint. The footage, seen by the Guardian, appeared to show an agent pushing Ramos-Brito, not the other way around, before he was taken to the ground along with Mojica, who was also not seen in the footage shoving or assaulting agents. The agent acknowledged the officer's shoving and said the subsequent 'fight' was 'hard to decipher'. The agent also claimed Ramos-Brito's behavior before he was pushed included 'pre-assault indicators', such as 'clenching fists' and 'getting in [the agent's] face'. Meanwhile, chaotic social media footage of the arrest of the sisters appeared to show an officer pushing Ashley, prompting her to briefly raise her hand, at which point two agents grabbed her and took her to the ground. Her older sister was then seen briefly touching the arm of one of the agents on top of her sister. Both appeared to be filming with their phones before their arrests, and it's unclear who DHS and the DoJ were alleging were the victims in their purported assaults. DHS records also show that one supervisor emailed a female border patrol agent seen in the video standing near the sisters, saying he was 'trying to tie that whole event together for prosecution' and looking into a 'rumor' Ashley 'may have shoved' this agent. The agent responded that she had told Ashley to move, but did not say she was shoved. Within two weeks of the initial charges, the US attorney's office filed motions to dismiss the cases against the sisters, Ramos-Brito and Mojica 'in the interest of justice', without providing further explanation. The DoJ then filed a new case against the sisters, this time accusing them each of a single misdemeanor, saying they 'assaulted, resisted, opposed, impeded, intimidated, and interfered with' border patrol, but offering no detail. The sisters pleaded not guilty to the misdemeanors; Ashley's lawyer declined to comment and Joceline's attorney did not respond to inquiries. The DoJ also filed a misdemeanor indictment against Ramos-Brito, but then said it was erroneous and rescinded it, only to refile a misdemeanor in a different format. Ramos-Brito pleaded not guilty and his lawyer didn't respond to emails. Mojica, who spoke out about how he was injured during his arrest, has not been charged again. Essayli, the US attorney for LA, who is an ardent Trump supporter appointed this year, initially published mugshots of the defendants, but has not publicly acknowledged that he has since dismissed their felonies. Ciaran McEvoy, a spokesperson for Essayli, declined to comment on a detailed list of questions about specific cases. The LA Times reported last week that Essayli was heard 'screaming' at a prosecutor over a grand jury's refusal to indict one of the protesters. McEvoy said the LA Times story relied on 'factual inaccuracies and anonymous gossip', without offering specifics, adding in an email: 'Our office will continue working unapologetically to charge all those who assault our agents or impede our federal investigations.' Bondi defended Essayli in a statement, calling him a 'champion for law and order who has done superlative work to prosecute rioters for attacking and obstructing law enforcement in Los Angeles'. She added: 'This Department of Justice is proud of Bill, and he has my complete support as he continues working to protect Californians and Make America Safe Again.' Jaime Ruiz, a spokesperson for Customs and Border Protection, which oversees border patrol, did not respond to detailed questions about cases and officers' inaccurate testimony, saying the department is 'unable to comment on cases under active litigation'. 'DHS and its components continue to enforce the law every day in greater Los Angeles even in the face of danger,' he added. 'Our officers are facing a surge in assaults and attacks against them as they put their lives on the line to enforce our nation's laws. Secretary [Kristi] Noem has been clear: If you obstruct or assault our law enforcement, you will be prosecuted to the fullest extent of the law.' Tricia McLaughlin, DHS assistant secretary, added in a statement: 'Our agents, officers, and prosecutors will continue to work together to keep Americans safe, and we will follow the facts, evidence, and law.' Mejorado, the border patrol agent, could not be reached. Cerna-Camacho is the only defendant of the five whose original charges are still pending, but when he showed up to court for his recent arraignment, the DoJ attorney was forced to admit his office had made an error: the one-paragraph indictment filed against Cerna-Camacho erroneously named Ramos Brito. Cerna-Camacho's lawyers have argued that the government's 30-day window to indict his client had passed, and the case must be dismissed. Cerna-Camacho pleaded not guilty, and his lawyer declined to comment. 'This is an extraordinary mistake and a dangerous embarrassment,' said Sergio Perez, a former DoJ lawyer who is now executive director of the Center for Human Rights and Constitutional Law, a California-based legal advocacy group, about Cerna-Camacho's case. 'The US Department of Justice is supposed to be the pinnacle of professional and responsible criminal prosecutions. When you can't get the name right, it calls into question all other factual assertions in those documents. It's way beyond a clerical error. It's smoke where there is likely fire.' The case is a significant one for the Trump administration. Cerna-Camacho was arrested four days after the protest, when two unmarked vehicles rammed his car while his toddler and infant were inside, with officers deploying teargas. The incident caused outrage locally. But DHS aggressively defended the arrest, publishing a photo of Cerna-Camachobeing detained, and saying he had 'punched' a border patrol officer at the Paramount protests. Video from the protest showed Cerna-Camacho and an officer scuffling in a chaotic crowd, with Cerna-Camacho at one point raising his hand, but it's unclear if he made contact with the officer. In an initial complaint against Jacob Terrazas, DHS accused the man of felony assault, saying he was 'one of several individuals … actively throwing hard objects [at officers]' during the Paramount protests, without referencing specific evidence or details. Video of his arrest showed an officer slamming him to the ground, and at his arraignment, Terrazas appeared badly concussed, and a judge ordered he immediately get medical attention. Terrazas was released after nine days in jail, then two days later, the DoJ moved to dismiss the case. However, prosecutors filed a new misdemeanor charge, accusing him of a 'simple assault' misdemeanor, saying he 'aided and abetted' others and 'forcibly assaulted, resisted, opposed, impeded, intimidated, and interfered with' a border patrol employee, without providing details. Tarrazas has pleaded not guilty, and his lawyer did not respond to inquiries. The government has also dismissed its 'conspiracy to impede an officer' felony charges against Gisselle Medina, but then filed an 'accessory' to 'assault' misdemeanor, claiming in a brief charging document that she had 'assisted the offenders'. The charges did not offer any details on how she allegedly assisted others. Medina has not yet been arraigned and her lawyer did not respond to inquiries. The DoJ also recently dismissed felony assault charges against Russell Gomez Dzul, who had been stopped 7 June by border patrol when officers deemed him suspicious for appearing 'nervous' near them and biking away, but then filed a simple assault misdemeanor, without offering details. He has pleaded not guilty and his lawyer did not respond to requests for comment. Andrea Velez, a US citizen arrested during a 24 June raid in downtown LA on her way to work, also had a felony assault charge dismissed this month, and has not faced further prosecution. One of the only cases from the first round of prosecutions that the government has not dropped is the one that made international headlines – the arrest of David Huerta, a prominent California union leader jailed while observing an immigration raid. Carley Palmer, a lawyer who served as a supervisor in the US attorney's office in LA until she left last year, said the dismissals and downgrading of charges likely occurred after more in-depth evaluation by line prosecutors and supervisors, and in some ways reflected 'the process working': 'We want prosecutors to feel they can reevaluate evidence and change their mind when new information comes to light.' Prosecutors might dismiss cases if a grand jury declines to indict, if they believe they can't persuade jurors at trial, or if they learn officers violated the defendants' rights, she added. The LA Times reported that Essayli has struggled to secure indictments at grand juries. Palmer, now an attorney at the Halpern May Ybarra Gelberg firm, said it was unusual, however, for the office to prosecute these kinds of 'he said she said' protest scuffles in the first place, taking away resources from traditional priorities, including fraud, economic crimes, public corruption and civil rights abuses. 'Federal charges are very serious and have real implications for people's lives,' Palmer added. 'Even if it gets dismissed, it will be on someone's record for the rest of their lives. It carries a lot of consequences, so you want prosecutors to understand and appreciate the power they have.'

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