Class Action Suit Aims to End 'Unlawful' ICE Arrests at Immigration Courthouses

A dozen immigrants and their legal advocates on Wednesday launched a class action lawsuit challenging the Trump administration's campaign of courthouse arrests "designed to strip noncitizens of their rights" and expedite deportations.

"We are witnessing an authoritarian takeover of the U.S. immigration court system by the Trump administration," said Keren Zwick, director of litigation at the National Immigrant Justice Center (NIJC), one of the groups behind the new suit. "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."

"Meanwhile, the administration is issuing directives telling immigration judges to violate those same immigration laws and strip people of fundamental due process rights," Zwick added. "We must continue fighting to overcome the administration's escalating attacks on the U.S. Constitution and rule of law."

The suit—filed in the U.S. District Court for the District of Columbia by NIJC, Democracy Forward, Lawyers' Committee for Civil Rights of the San Francisco Bay Area (LCCRSF), and Refugee and Immigrant Center for Legal Education and Services (RAICES)—aims to end the "unlawful" arrests and strike down related guidance from the administration.

"For years, both the Department of Homeland Security (DHS) and the Department of Justice (DOJ) had policies limiting civil immigration-related arrests in immigration courts," explains the complaint, filed on behalf of 12 people identified by their initials as well as the groups American Gateways and Immigrant Advocates Response Collaborative (ARC).

"These policies were rooted in the commonsense recognition that such arrests hamper the fair administration of the immigration process and create a palpable fear that disincentivizes people from appearing for their hearings," the complaint explains. "But in the first few days of the Trump administration, defendants repealed those policies, exposing individuals who properly appear for their hearings, including to seek asylum and other relief, to the imminent threat of arrest and indefinite detention."

Defendants include DHS, DOJ, Immigration and Customs Enforcement (ICE), the Executive Office for Immigration Review, and leaders in the administration who have been working to deliver on President Donald Trump's promise of mass deportations.

"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 U.S., but also establishes a chilling precedent in which law and order are abandoned in favor of stoking widespread panic and fear—leaving the entire American public at risk, regardless of immigration status," warned Faisal Al-Juburi, chief external affairs officer at RAICES.

Jordan Wells, senior staff Attorney at LCCRSF, declared that "these directives forsake any notion of immigration courts as a neutral forum, weaponizing them into a trap for immigrants who show up in reliance on the American promise of a fair process before a judge, only to be met instead with handcuffs and shunted into a fast-track deportation process controlled by ICE agents."

Priyanka Gandhi-Abriano, interim CEO for Immigrant ARC, said that "our friends, neighbors, and families are told to 'do it the right way'—to follow the legal process. They're doing just that—showing up to court, complying with the law. Despite this, they're being arrested and detained."

"This isn't justice," Gandhi-Abriano stressed. "It's a deliberate attempt to intimidate and disappear people before they can be heard. We're defending the integrity of the legal system, protecting every person's right to due process, and holding the Trump administration accountable for their deeply harmful practices aimed at the most vulnerable communities."

The filing follows a Friday letter to Attorney General Pam Bondi, Homeland Security Secretary Kristi Noem, and ICE Acting Director Todd Lyons—all defendants in the new case—in which two dozen U.S. Senate Democrats wrote that "we are extremely concerned by reports of a recent initiative to arrest and detain noncitizens at their immigration court hearings, and in many cases, dismiss their immigration cases without advance notice and while hiding the government's intent to arrest them."

"This manipulation of existing laws to enact this administration's mass deportation agenda is creating chaos in our immigration system while doing nothing to make our communities safer," asserted the lawmakers, led by Sens. Dick Durbin (D-Ill.), Mark Kelly (D-Ariz.), and Alex Padilla (D-Calif.). They also demanded answers to a list of related questions by July 25.