Attorneys scramble to help migrants detained outside Denver immigration court
Fears and nerves shook up some families at Denver immigration court on Thursday, after immigration advocates learned one family was detained by immigration agents after the family attended their scheduled immigration hearing.
"It was a family of three with a small child clutching to his father's neck," said Emily Brock, Deputy Managing Attorney with Rocky Mountain Immigrant Advocacy Network's Children's program.
CBS
Brock arrived at immigration court as the family of three was being taken into ICE custody, but she said they could not do anything to stop the process. Instead, her organization scrambled to get immigration attorneys to show up and help prevent others from being detained.
"This is a new trend that is happening nationwide, and now we've seen it in Denver," said Brock.
Brock said arresting people at courthouses is a new ICE tactic to detain and expedite the removal process for more migrants, amid the Trump Administration's latest quota to arrest over 3,000 migrants a day.
"Generally, the advice is if you are set for a hearing in immigration court, you need to appear for that hearing because otherwise, if you don't show up, you can be ordered removed for not showing up," said Brock. "So, just by clearly not showing up, you can get a removal order, and that makes you at a greater risk for enforcement action."
CBS
Typically, when a migrant appears before the court in a removal hearing, they may get the chance to have their case dismissed by a judge. This is generally a positive thing. However, having a case dismissed may now be used against the individual.
"This is where I think the surprise comes in and why we scrambled. Now, a dismissal means that they can be arrested as they leave the court and be placed in these expedited removal proceedings," said Brock.
"Some people don't understand, they haven't been able to talk to an attorney about what this means," said Immigration Attorney Cristina Uribe Reyes.
It is why immigration lawyers like Reyes stepped up to help educate families who went into court.
Some advocates even handed out fliers, urging families entering into court to know their rights beforehand.
"A lot of these cases are at the last stage where they're just waiting for their final hearing to present the case," said Reyes. "Now, we're having to start all over again from step zero when they get detained."
A spokesperson with the Department of Homeland Security issued this statement in response to these increased detainment measures by ICE:
"Secretary Noem is reversing Biden's catch and release policy that allowed millions of unvetted illegal aliens to be let loose on American streets. This Administration is once again implementing the rule of law.
Most aliens who illegally entered the United States within the past two years are subject to expedited removals. Biden ignored this legal fact and chose to release millions of illegal aliens, including violent criminals, into the country with a notice to appear before an immigration judge. ICE is now following the law and placing these illegal aliens in expedited removal, as they always should have been.
If they have a valid credible fear claim, they will continue in immigration proceedings, but if no valid claim is found, aliens will be subject to a swift deportation."
An ICE spokesperson also issued their own statement:
"U.S. Immigration and Customs Enforcement is executing its mission of identifying and removing criminal aliens and others who have violated our nation's immigration laws. All aliens in violation of U.S. immigration law may be subject to arrest, detention and, if found removable by final order, removal from the United States, regardless of nationality.
For operational security and for the safety of our law enforcement personnel, ICE does not confirm, deny, or otherwise discuss ongoing or future operations. The agency publicly announces operational results when appropriate."
While it is unclear if ICE agents will come back and detain more families exiting court in the days to come, Brock said the challenge is having enough manpower to be available to help families after losing federal funding to support some of their programs.
"When the contracts for the legal orientation programs were canceled, we had to cut back on staff, we had to reallocate staff members to other programs, and so we aren't necessarily able to be here 24/7 or have the presence that we used to be able to have," she said.
She said families can and should ask for more time in their cases if the judge moves to dismiss, or oppose dismissal, and have the chance for their cases to be heard without the fear of being taken into custody.
The biggest message to families, however, is that they still should show up to their scheduled court hearing.
"This is an attack on due process, and all it's going to do is ferment fear in the community," said Brock.
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