Why the Trump administration is targeting immigration courts for arrests

Al Jazeera

4 hours ago

Why the Trump administration is targeting immigration courts for arrests A man is detained by federal immigration officers at a US immigration court in New York City on June 26 [David 'Dee' Delgado/Reuters] A man is detained by federal immigration officers at a US immigration court in New York City on June 26 [David 'Dee' Delgado/Reuters]
Houston, Texas – Oscar Gato Sanchez had gotten dressed up for his day in immigration court. The 25-year-old wore a red button-down, black slacks and dress shoes, his dark hair trimmed short with the aim of leaving a good impression.
It was a Monday afternoon in June, and Gato Sanchez, a Cuban immigrant, had come to present himself before a United States immigration judge.
As he sat inside the Texas courtroom, he had no reason to doubt that the court would eventually hear his case.
Gato Sanchez was seeking asylum on the basis that his life would be in danger if he returned to Cuba. There, human rights groups have accused the government of repression and torture, and Gato Sanchez feared he would face repercussions for having attended recent antigovernment protests on the island.
While he waited to go before the judge, his aunt, who asked not to be named for fear of retaliation, sat in the room outside. She was anxious. The clock seemed to move more slowly than usual.
'What is taking so long?' his aunt, a Houston resident, asked a friend next to her.
But the two women were not the only ones waiting outside the courtroom. Near the elevators, four men sat staring at their phones, dressed in ordinary street clothes.
Around 3:15pm, Gato Sanchez emerged from the courtroom with a folder of documents in his hands. As soon as he did, the four men surrounded him. It was as if they already knew Gato Sanchez's case had been dismissed.
They were federal agents, and they were in the courthouse to take Gato Sanchez into custody as soon as his case was thrown out.
His aunt was frantic. She tried to ask for information. But the only details the men would give her was that her nephew would be sent to Conroe, Texas, the site of the largest detention centre in the Houston area.
The men did not even tell her whether they were from Immigration and Customs Enforcement (ICE) or another federal law enforcement agency.
'Why, God, did they do this?' His aunt screamed, overcome with emotion. As the agents took Gato Sanchez away, his aunt's friend yelled out to him.
'You're not a bad person,' she said through tears.
Gato Sanchez is one of the hundreds of people recently detained immediately after leaving their immigration hearings. Advocates fear the courthouse arrests not only violate the right to due process but also discourage immigrants from pursuing legal means to stay in the US.
'These are people that are doing the right thing,' said Cesar Espinosa, the executive director of Houston immigrant rights nonprofit FIEL.
'You're between a rock and a hard place. If you don't show up, they're going to come get you. If you do show up, they're going to come get you, which is not due process.' Federal officers lead a migrant man to an elevator in a immigration court in New York City on June 26 [David 'Dee' Delgado/Reuters] Federal officers lead a migrant man to an elevator in a immigration court in New York City on June 26 [David 'Dee' Delgado/Reuters]
The question of whether immigration raids should take place within courthouses has gained new urgency since the return of President Donald Trump in January.
In the early months of his second term, Trump has followed through on his pledge to pursue a campaign of mass deportation.
Over the last month alone, his administration has stepped up its quota for immigration arrests, raising the bar from 1,000 to 3,000 per day.
Part of the strategy for reaching that goal is to leverage the court system and detain immigrants after their scheduled hearings.
This has led to some high-profile clashes. In April, for instance, a Wisconsin judge was arrested and charged with conspiracy and obstruction of justice for attempting to help an immigrant evade the federal agents waiting outside her courtroom.
John Gihon, the vice chair of the ICE liaison committee at the American Immigration Lawyers Association, said his own clients are now scared to go to immigration court as a result of the arrests.
'It's creating a gigantic chilling effect on everybody going to immigration court. I see that every day, constantly now,' said Gihon, who previously worked as a lawyer for ICE.
Immigration arrests at courthouses have long been a controversial practice. In 2011, ICE issued a memorandum identifying "sensitive locations" where arrests should be avoided, including churches and schools.
Courthouses were not among them.
But that changed in 2021, under former President Joe Biden. ICE issued new guidance discouraging immigration agents from conducting civil arrests in courthouses, just as they would in "sensitive" places.
The day Trump began his second term, however, the Department of Homeland Security rescinded all the guidelines for "sensitive" areas.
"The Trump Administration will not tie the hands of our brave law enforcement, and instead trusts them to use common sense," the department said in its statement. A man is placed in handcuffs by law enforcement officers at a New York City immigration court on June 26 [David 'Dee' Delgado/Reuters] A man is placed in handcuffs by law enforcement officers at a New York City immigration court on June 26 [David 'Dee' Delgado/Reuters]
But advocates say the Trump administration has gone a step further, using the immigration system itself to facilitate courthouse arrests and swift deportations.
The immigration court system in the US is separate from the judicial branch of government. Rather, it is run by the Department of Justice, directly under the president's authority.
That allows the president to shape immigration policy and give directives to the courts. But critics accuse the Trump administration of manipulating the system to prioritise his deportation push over the right of immigrants to receive a fair hearing.
Earlier this month, NBC News broke the story that the Trump administration had issued a memo calling on immigration judges to quickly dismiss the cases on their dockets.
In the past, the Department of Homeland Security could request a case be dismissed, but immigrants would still have about 10 days to respond before the judge rendered a decision.
But in the new memo, the Trump administration called on immigration judges to grant dismissals on the very same day they were requested.
That meant immigrants would lose their protections against deportation immediately. Individuals who have been in the country for less than two years are often eligible for expedited removal from the country, meaning they have little chance of appealing their deportation.
And advocates say ICE agents are now stationed right outside the courtrooms, waiting to sweep up the immigrants whose cases were dismissed.
Bianca Santorini, a Houston-based lawyer who took Gato Sanchez's case pro bono after his courthouse detention, said that ICE is taking advantage of the immigration system 'to trick people to come to court".
'I'm not asking that every case is won. What I'm asking is that they give people their day in court,' Santorini said. 'They are taking that away from people unjustly.'
ICE declined to confirm the number of agents at immigration courts in recent weeks but said that its enforcement at courthouses 'is wholly consistent" with its longstanding practices.
'ICE officers and agents seek to conduct enforcement actions at an alternate location when practicable," a spokesperson told Al Jazeera.
"However, when no other location is feasible or when the alternate location increases the risk to public safety or the safety of our officers, ICE will seek to effectuate the arrest in the location that is least likely to endanger anyone's safety." A federal immigration officer patrols the hallway at a Manhattan immigration court on June 26 [David 'Dee' Delgado/Reuters] A federal immigration officer patrols the hallway at a Manhattan immigration court on June 26 [David 'Dee' Delgado/Reuters]
A dismissal in immigration court, however, does not mean an immigrant's rights are exhausted.
They can still seek alternative pathways to legal status by appealing their case or applying to a government programme like Temporary Protected Status.
Gihon, the Florida-based immigration lawyer, explained that immigrants like Gato Sanchez will have a chance to seek asylum again if they choose.
But being detained often disincentivises them from continuing their cases. That is part of the Trump administration's strategy, according to Gihon.
'The whole point is to detain as many people as possible because it's much less likely that they're going to be successful in winning their cases and less likely that they're going to fight,' Gihon said. 'They're just going to accept deportation.'
Advocacy groups like FIEL are now advising immigrants not to come to court without legal representation, if possible.
If a lawyer is not available, FIEL has circulated guidance about what to say to oppose a dismissal and keep a case open.
"Your honour, I reserve the right to appeal," one line reads.
Another suggests explaining, "Your honour, before dismissing my case, I respectfully ask you to hear my side of the story. I am afraid to return to my country because I will face harm, danger or death."
In a statement, the Department of Homeland Security justified its policies by blaming the Biden administration for allowing unfettered immigration into the country.
'ICE is now following the law and placing these illegal aliens in expedited removal, as they always should have been,' a spokesperson said. Narel Lopez comforts her daughters on June 25 after her husband and a son were detained at an immigration court in San Antonio, Texas [Eric Gay/AP Photo] Narel Lopez comforts her daughters on June 25 after her husband and a son were detained at an immigration court in San Antonio, Texas [Eric Gay/AP Photo]
Despite the controversy, authorities have continued to target immigration hearings for arrests.
The day after Gato Sanchez was arrested, immigration agents were once again in the waiting room of the Houston immigration court. Some wore ski masks and glasses.
One approached a Venezuelan immigrant named Daniel, who had shown up to court alone. The agent explained that they would be taking him into ICE custody.
'Understand?' the agent asked.
'Don't understand,' Daniel answered, his grasp of English still minimal. After a lawyer spoke to Daniel to take his information, immigration agents took him into the lift.
Moments later, another Venezuelan man and a Mexican man exited the courtroom with Santorini, their lawyer. The three of them were standing by the lift when a plain-clothed agent approached.
'We have a warrant,' he told Santorini. She questioned why ICE would detain one of the men again if he had already been released on a $7,500 bond.
'Where is the warrant?' she asked.
'I don't have it,' the immigration agent responded. He declined to identify which agency he worked with.
Santorini said she and her clients would wait until he could produce a warrant. They took a seat in the waiting room.
After a few minutes, another man, who identified as an ICE agent, returned with an administrative warrant dated for that day.
'Who are you scared of?' one of Santorini's clients asked in Spanish as he was handcuffed. 'We're just here to work.'
As the men were ushered into the lift, the ICE agent assured Santorini that her clients would still have the chance to seek asylum if they feared returning to their country.
But Santorini scoffed at the comment and held back tears, knowing that her clients would have to repeat a legal process they had already begun, this time behind bars.
'All we want is that they give us our right to a day in court,' Santorini said. 'Arresting someone at court is not the correct thing to do here in the US.'