WASHINGTON (CN) - A coalition of immigrant rights groups sued the Trump administration on Wednesday, challenging its practice of arresting immigrants following their court hearings as a clear violation of their constitutionally required due process.
Immigrant Advocates Response Collaborative, American Gateways and 12 anonymous immigrants filed a class action in D.C. federal court, arguing arrests at immigration courthouses create "palpable fear" that deters court attendance.
They also challenged the Department of Homeland Security's authorization of courthouse arrests and its instructions for prosecutors to dismiss cases and judges to grant dismissals without due process.
The suit further targets DHS rules directing ICE to fast-track the removal of immigrants, including those in ongoing proceedings or in the U.S. for over two years.
Keren Zwick, director of litigation at the National Immigrant Justice Center, said in a statement Wednesday that the Trump administration's policies amounted to an "authoritarian takeover of the U.S. immigration court system."
"People who attend their hearings to seek permission to remain in this country and comply with U.S. immigration law are being rounded up and abruptly ripped from their families, homes and livelihoods," Zwick said. "Meanwhile, the administration is issuing directives telling immigration judges to violate those same immigration laws and strip people of fundamental due process rights."
The coalition says the Trump administration scrapped long-standing limits on civil immigration arrests in courts, which were "rooted in the commonsense recognition that such arrests hamper the fair administration of the immigration process."
In May, DHS added a second policy to move to dismiss removal proceedings under 8 U.S. Code Section 1229a without notice, which enables arrests when they appear for their immigration court proceedings and initiate removal proceedings.
As a result, ICE agents have gone to immigration courts with lists of attendees. Then, when an individual is called to speak to the judge, a DHS attorney moves for dismissal without attempting to satisfy the burden necessary for dismissal.
The previous burden required attorneys to demonstrate that the circumstances of the case had changed. In contrast, the new burden simply requires a showing of changed circumstances external to the individual case.
The Justice Department's Office for Immigration Review also instructed judges to accept DHS dismissal motions without requiring the normal procedural safeguards or responses from immigrants.
Even if a judge denies dismissal, DHS authorized ICE to arrest immigrants and place them in expedited removal proceedings.
"In plain terms, DHS is disregarding both immigration judges who permit noncitizens an opportunity to oppose dismissal and the pendency of an appeal of the dismissal decision," the coalition said.
Neither DHS nor ICE responded to emailed requests for comment regarding the lawsuit or the policies.
"The aftermath of these courthouse arrests and dismissals for placement in expedited removal wreaks further havoc on people's lives," the coalition wrote. "People in expedited removal almost always remain detained. They also face additional hurdles in pursuing immigration relief, including diminished access to legal counsel and advice, and some immigration benefits become unavailable to them altogether."
One form of relief, where immigrants claiming credible fear are referred by DHS officers to U.S. Citizenship and Immigration Services for further processing, is no longer guaranteed.
A July 9 memo in Kilmar Abrego Garcia's case, a Maryland man deported to El Salvador's mega prison by "administrative error," shows ICE now claims it can remove immigrants to certain third countries without further process.
ICE acting director Todd Lyons also wrote that if the State Department secures credible assurances that immigrants won't face persecution, they can be summarily deported "without the need for further procedures."
To date, two countries have provided such credible assurances: Mexico, which has a long-standing agreement to act as a third country, and South Sudan.
Lyons also indicated in the memo that, for countries without assurances, immigrants could receive just between six and 24 hours ' notice. Immigrants could express fear within that window, but it is unclear whether they would have enough time.
"Our immigration courts should be places where people can seek justice and protection, not be ambushed and arrested simply for showing up," said Edna Yang, co-executive director of American Gateways. "The Trump administration has created a dangerous climate of fear that undermines both due process and the integrity of the legal system."
Source: Courthouse News Service
