Federal agencies sued for targeting migrants during court proceedings

A group of immigrants and advocacy organizations filed a class action lawsuit Wednesday, July 16, claiming the U.S. government violated constitutional and legal protections by detaining and deporting migrants during their court proceedings. The suit, filed against the Department of Justice and the Department of Homeland Security, alleges that federal authorities have disregarded due process rights by targeting individuals appearing in court for immigration hearings.

“The egregious and unprecedented coordination amongst government agencies that we are witnessing not only inflicts irreparable harm upon infants and adults alike for seeking refuge in the United States but also establishes a chilling precedent in which law and order are abandoned in favor of stoking widespread panic and fear,” said Faisal Al-juburi, with RAICES, an organization involved in the lawsuit.

Lawsuit filed over arrests during immigration hearings

Since taking office, President Donald Trump has vowed to carry out the largest deportation operation in U.S. history, focusing on dangerous offenders. On the contrary, federal records show a different pattern. Despite the administration’s focus on criminality, most of the individuals detained by Immigration and Customs Enforcement have no criminal convictions on their record.

According to the complaint, the plaintiffs seek to stop what they describe as a pattern of arrests and removals that undermine the legal process. They argue that immigrants should be allowed to present their cases fully without fear of being detained mid-proceeding.

The complaint cites federal law and the Fifth Amendment in the U.S. Constitution, which guarantees that no person shall “be deprived of life, liberty, or property, without due process of law.” This clause, known as the Due Process Clause, applies to all “persons” within the United States, regardless of immigration status. It means individuals have the right to a fair legal process before the government can take certain actions against them, such as detention or deportation.

Due process and constitutional protections at stake

The case is being brought by the National Immigrant Justice Center, Democracy Forward, RAICES and the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area. They represent a dozen individuals who were detained while attending immigration court hearings, along with two other organizations that provide legal aid to people now at risk of being arrested for showing up to court.

“We are witnessing an authoritarian takeover of the U.S. immigration court system by the Trump administration,” said Keren Zwick, director of litigation at NIJC. 

The NIJC says some individuals behind the lawsuit have lived in the U.S. for years and were taken into custody, in some cases separated from their families, including children who are U.S. citizens. Others recently arrived after fleeing threats and violence in their home countries.

Advocates warn of wider enforcement across court system

Lawyers and advocates say the lawsuit exposes a troubling trend: recent instructions from the DHS directing ICE officers to make arrests even when immigration judges have not ordered removal or when migrants are seeking to appeal a decision. 

The filing argues that these actions sidestep federal law and ignore judges’ authority by denying individuals the chance to complete the legal process that determines whether they can remain in the country.

New DHS directive ends bond for many in detention

On Tuesday, July 15, reports surfaced that the Trump administration is aiming to end bond hearings for migrants illegally in the U.S., according to a new internal policy from ICE. Under the directive, migrants who crossed the border without authorization and are held in ICE custody would no longer be eligible for release on bond. Instead, they would remain detained for the full length of their immigration court proceedings.

Migrants attending immigration court hearings across the country have reported receiving flyers from the DOJ directing them to leave the country on their own terms. The notices, handed out during court proceedings, are titled “Message to Illegal Aliens: A Warning to Self Deport.”