Migrant family sues over US detention in what may be first challenge to courthouse arrests involving kids
A mother and her two young kids are fighting for their release from a Texas immigration detention center in what is believed to be the first lawsuit involving children challenging the Trump administration's policy on immigrant arrests at courthouses.
The lawsuit filed Tuesday argues that the family's arrests after fleeing Honduras and entering the US legally using a Biden-era appointment app violate their Fourth Amendment right to be free from unreasonable searches and seizure and their Fifth Amendment right to due process.
'The big picture is that the executive branch cannot seize people, arrest people, detain people indefinitely when they are complying with exactly what our government has required of them,' said Columbia Law School professor Elora Mukherjee, one of the lawyers representing the family.
The Department of Homeland Security did not immediately respond to an email requesting comment.
Starting in May, the country has seen large-scale arrests in which asylum-seekers appearing at routine court hearings have been arrested outside courtrooms as part of the White House's mass deportation effort. In many cases, a judge will grant a government lawyer's request to dismiss deportation proceedings and then US Immigration and Customs Enforcement officers will arrest the person and place them on 'expedited removal,' a fast track to deportation.
Mukherjee said this is the first lawsuit filed on behalf of children to challenge the ICE courthouse arrest policy. The government has until July 1 to respond.
There have been other similar lawsuits, including in New York, where a federal judge ruled earlier this month that federal immigration authorities can't make civil arrests at the state's courthouses or arrest anyone going there for a proceeding.
The Texas lawsuit was filed using initials for the children and 'Ms. Z' for the mother. Their identities have not been released because of concerns for their safety.
For weeks in the Dilley Immigration Processing Center, the mother has watched her 6-year-old son's health decline, Mukherjee said. He recently underwent chemotherapy treatment for leukemia and because of his arrest missed his check-in doctor's appointment, Mukherjee said.
'He's easily bruising. He has bone pain. He looks pale,' Mukherjee said, adding that he has also lost his appetite. 'His mom is terrified that these are symptoms that his leukemia situation might be deteriorating.'
The mother, son and 9-year-old daughter fled Honduras in October 2024 due to death threats, according to the lawsuit. They entered the US using the CBP One app and were paroled into the country by the Department of Homeland Security, which determined they didn't pose a danger to the community, Mukherjee said. They were told to appear at a Los Angeles immigration court May 29.
President Donald Trump ended CBP One for new entrants on his first day in office after more than 900,000 people had been allowed in the country using the app since it was expanded to include migrants in January 2023.
During the family's hearing, the mother tried to tell the judge that they wished to continue their cases for asylum, Mukherjee said. Homeland Security moved to dismiss their cases, and the judge immediately granted that motion.
When they stepped out of the courtroom, they found men in civilian clothing believed to be ICE agents who arrested the family, Mukherjee said. They spent about 11 hours at an immigrant processing center in Los Angeles and were each only given an apple, a small packet of cookies, a juice box and water.
At one point, an officer near the boy lifted his shirt, revealing his gun. The boy urinated on himself and was left in wet clothing until the next morning, Mukherjee said.
They were later taken to the processing center, where they have been held ever since.
'The family is suffering in this immigration detention center,' she said. 'The kids are crying every night. They're praying to God for their release from this detention center.'
Their lawyers have filed an appeal of the immigration judge's May decision, but they're at risk of being deported within days because the government says they are subjected to expedited removal, Mukherjee said.
The arrests of the family were illegal and unjustified, said Kate Gibson Kumar, an attorney for the Texas Civil Rights project who is also representing the family.
'The essential question in our case is, when you have these families who are doing everything right, especially with young children, should there be some protection there?' Gibson Kumar said. 'We say 'yes.''
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
New York Times
10 minutes ago
- New York Times
What Business Is Watching in Negotiations Over Big Policy Bill
Andrew here. We're focused on the scramble to salvage Republicans' major policy bill and how it could affect business and the economy. We've also got more on the New York mayoral race moves by business leaders and reporting by Danielle Kaye on the financial health of Saks Global. A.I. is also on our minds. Check out some fun excerpts from an interview with Patrick Collison, the co-founder of Stripe, conducted by my colleagues Kevin Roose and Casey Newton of The Times's 'Hard Fork' podcast. And Sarah Kessler finds out how the C.E.O. of Twilio uses A.I. ministration — are making it harder to salvage the legislation, which corporate America is closely watching, in time. Here are the latest big changes: The Senate parliamentarian, a nonpartisan official who is reviewing whether the legislation complies with the chamber's budget rules, rejected a provision that would limit states' ability to get more federal Medicaid funds. (For the wonkily minded, they relate to a 'provider tax' loophole that nearly all states use.) Critics of the bill say it could lead to the shuttering of many rural hospitals. The administration directed lawmakers to remove the so-called revenge tax, which would have raised taxes for many companies based in countries that impose a global minimum tax or additional taxes on American tech giants. Business lobbyists have argued that it would chill international investment in America. Treasury Secretary Scott Bessent said he had reached international agreements exempting U.S. companies from the global minimum tax. The Senate parliamentarian also asked lawmakers to rework a 10-year moratorium on the enforcement of state laws regulating artificial intelligence, according to Senator Maria Cantwell, Democrat of Washington and the ranking member of the Senate Commerce Committee. Here's a running list of other provisions the parliamentarian has rejected. Still unaddressed: the tax changes at the core of the legislation. Trump is turning up the heat on lawmakers. The White House held an event on Thursday to rally support for the legislation, at which the president praised the 'hundreds of things' to like about the bill. Trump has also been calling up individual senators, according to Punchbowl News. Whether or when that happens is unclear, however. Republican leaders are seeking to salvage many of the provisions with wording tweaks. (They've already done so with proposed cuts in federal funding for food assistance programs.) But Senator John Thune, the majority leader, has said that the chamber won't override the parliamentarian's rulings. Meanwhile, lawmakers still disagree on key provisions like caps on deductions for state and local taxes. And it's unclear whether House Republicans will approve whatever the Senate decides on. Want all of The Times? Subscribe.
Yahoo
14 minutes ago
- Yahoo
Douglas County District Court Clerk exploring bid in Nebraska's crowded 2nd District field
Douglas County District Court Clerk Crystal Rhoades says 'some folks' have been lobbying her to run for the U.S. House in Nebraska's 2nd District. (Courtesy of Rhoades for Public Service Commission) OMAHA — The Democratic primary for the U.S. House seat in Nebraska's 2nd Congressional District might soon get more crowded. Douglas County District Court Clerk Crystal Rhoades told the Nebraska Examiner this week that she is 'testing-the-waters' for possibly jumping into the race in the Omaha-based 2nd District now represented by Republican U.S. Rep. Don Bacon. She said she could be interested whether Bacon stays in the race or retires. 'It's certainly not a secret that I'm considering it,' Rhoades said. She said 'some folks' have been lobbying her to get in, and her campaign shared internal polling indicating her and State Sen. John Cavanaugh of Omaha within the margin of error for Democratic primary voters in NE-02. The polling has former political action committee co-founder and business owner Denise Powell at what Rhoades called a 'distant third.' 'John and I are starting from the same place,' Rhoades said. State Sen. John Cavanaugh running for Congress in Nebraska's 2nd District Earlier this month, Cavanaugh, the son of a former Democratic congressman from Omaha, formally announced his candidacy. Powell, the daughter of a leader in Spanish-language news, announced her bid in May. Besides the two highest-profile Democratic candidates in the race, Mark Johnston and Evangelos Argyrakis have confirmed they are running. Republicans are waiting in the wings for Bacon's decision, a list that local conservatives have said includes former State Sen. Brett Lindstrom, Omaha City Councilman Brinker Harding and perhaps Bacon's 2024 GOP primary challenger, Dan Frei. The lifetime Omahan was the last Democrat elected to a statewide position as a member of the Nebraska Public Service Commission, the state's catch-all regulator for topics as varied as telecommunications and pipelines. She also has a history of helping local Democrats win elections as a political consultant, including a significant role in helping John Ewing Jr. become the first Democrat to lead the largest city in Nebraska in roughly a decade. She pointed to her working-class background and her record of 'doing the right thing even when it's hard' as a plus for voters. Rhoades said she would focus on protecting and growing the middle class, creating jobs that pay a living wage and protecting democracy. Rhoades told the Examiner that Cavanaugh and an unnamed potential candidate had asked her and her husband, Ben, to work on their campaigns. She said she would only join the House race if she sees data that shows her in the strongest position to defeat whichever Republican emerges. 'Ben [Onkka] and I are in the process of evaluating who the strongest candidate is for the district. If it's me, I'll run,' Rhoades said. The polling indicates that potential Democratic primary voters in the district want someone who would fight President Donald Trump and Republicans in Congress, someone who can win and someone with a proven record. Rhoades described herself as a 'check, check, check' on those. Denise Powell launches bid in Nebraska's 2nd Congressional District In recent weeks, Rhoades was rumored to be a candidate to replace Ewing in his former position as Douglas County treasurer, but the Douglas County Board this week hinted at wanting a 'non-political option' to fill the remainder of Ewing's term, someone who won't run for the office. Rhoades said her experience differentiates her from the two high-profile Democrats in the House race. She said she has held multiple elective positions for over 20 years and knows how to help Democrats win elections. She said that Cavanaugh could have some baggage as part of a political dynasty, and there are concerns about his potentially vacating a statehouse seat, because Republican Gov. Jim Pillen would get to appoint his replacement. Rhoades said Powell's inexperience could make the race a 'very difficult time.' 'I think that this may not be the right time and the environment for … a rookie,' Rhoades said. Rhoades has faced some criticisms from her years in service and work with Democrats in Douglas and Sarpy Counties, including for butting heads with some fellow Democrats and some co-workers in the Douglas County Courthouse. Rhoades emphasizes that her decision on whether to run will be 'data-driven.' She says she lacks the hubris to believe that she is the only Democrat who can win. She said she would decide whether to form a federal fundraising committee or jump into the race in the coming weeks. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
14 minutes ago
- Yahoo
As Christian missionary, I oppose increasing deficit to deport peaceful migrants
Few leaders today are willing to stand up against policies that saddle our children and grandchildren with massive debt. As the "big beautiful bill" comes before the U.S. Senate for consideration, Wisconsin's senior U.S. Senator, Ron Johnson, is right to oppose the current version. I spent most of my career as an evangelical missionary in Central America, and now in my retirement I teach English to immigrants through my church. There are some provisions of this bill that I appreciate. As a pro-life Christian, for example, I would be happy to see Planned Parenthood defunded. Yet, there are several problems with the bill overall, which would add $3 trillion to the federal deficit over the next decade, in part as an effect of the bill's dramatic spending on immigration enforcement. There's no question that Sen. Johnson is committed to secure borders, as am I. But the reality is that the border is relatively quiet right now, with so few individuals arriving unlawfully that most Border Patrol agents along the U.S.-Mexico border do not interact with a single unlawful crosser in a typical month. While some new resources may be needed, $60 billion for border security is a ton. At a certain point, more walls and Border Patrol staffing start to look more like a government-subsidized jobs program than a real national security strategy. Similarly, Immigration & Customs Enforcement needs enough funding to detain and deport violent criminals, as President Trump has said is the priority. But with $3.4 billion currently allocated for detention, most currently-detained individuals have not been convicted of any crime, and the greatest increase in detainees has been among those never accused of any crime. This suggests that the funding is not targeting violent criminals but rather sweeping up peaceful individuals who pose no threat. Yet this bill proposes $45 billion in new funding for detention alone. Letters: House budget provision exempts executive branch from following court orders That spending doesn't just increase the deficit. It also means detaining hardworking members of our community, including the dairy workers our state depends upon. Many of these individuals entered lawfully. They were sponsored by churches or family members, came through airports and lived and worked legally in our state until the administration terminated their temporary legal protections, making them vulnerable to detention and deportation. Johnson has rightly affirmed that legal immigrants contribute in important ways to our state's economy, and Trump has also acknowledged the indispensable role of many immigrants in agriculture and other sectors of our economy. But the budget bill would almost certainly lead to many being detained and deported at taxpayers' expense. When I lived abroad as an American in Costa Rica, I had to navigate that country's rules governing foreigners' presence, and I understand that our country must have such processes as well. But I was never made to feel hunted or harassed, as many immigrants do here today, even those who entered lawfully and have been working lawfully. Now, as I help hardworking farmworkers and other immigrants learn English here in rural Sheboygan County, I've noticed how our current political climate has instilled fear among the honest, hardworking immigrants I serve. It concerns me deeply. So, while I'm concerned about this bill for fiscal reasons, I'm especially concerned as a Christian. Four out of five of those vulnerable to detention with all this extra money are fellow Christians, as a report from the National Association of Evangelicals and the U.S. Conference of Catholic Bishops documents. Opinion: Wisconsin voters don't want to lose health coverage. Yet 96,000 will under Trump Some of them — such as Afghan Christians who have recently been threatened with deportation — would be returned to likely martyrdom. This has drawn the concern of leaders at conservative Christian organizations like Focus on the Family, the Family Research Council and the Wisconsin Family Council. I'm thankful for Johnson's independence in speaking out against the fiscal excesses of this bill, and I hope and pray he'll hold his ground. There are existing bipartisan frameworks for immigration reform, such as Republican Representative Maria Salazar's Dignity Act, which would present a much better option, ensuring secure borders without terrorizing law-abiding individuals and indebting out grandchildren. I pray that Congress will consider these potential solutions. Rev. Thomas Soerens served for three decades with the mission agency of the Christian Reformed Church in North America and now is retired in Oostburg. This article originally appeared on Milwaukee Journal Sentinel: Political climate instills fear in honest immigrants | Opinion
