Progressive U.S. Congresswoman Pramila Jayapal on Thursday hosted a "shadow hearing" on Immigration and Customs Enforcement's targeting of asylum-seekers, families, relatives of American citizens, and other law-abiding people for deportation—policies and practices that belie President Donald Trump's claim that his administration would focus on removing undocumented criminals.
Jayapal (D-Wash.)—the ranking member of the House Judiciary Committee's Subcommittee on Immigration, Integrity, Security, and Enforcement and an immigrant—convened the panel, called Kidnapped and Disappeared: Trump's Weaponization of Immigration Courts. The shadow hearing "examined the disturbing trend of broad efforts to erode access to legal services and due process in immigration proceedings, especially as Immigration and Customs Enforcement (ICE) has been targeting immigrants showing up for legal proceedings—following the requirements set for them by courts."
"These actions are a direct attack on the legal immigration system and the people who are trying to follow all the legal steps."
A sampling of the more than 65,000 people arrested by ICE since Trump reentered office in January reveals people including a beloved resident of a staunchly pro-Trump town, a decorated combat veteran, a child with cancer, anti-genocide protesters, and a woman with an American husband and child who's lived in the U.S. for nearly 50 years.
While the Trump administration claims that "3 in 4 arrests were criminal illegal aliens," most people caught up in Trump's mass deportation drive have no criminal records or have only committed minor offenses including traffic violations. According to the libertarian Cato Institute, 65% of people taken by ICE had no criminal conviction whatsoever and 93% had no conviction for violent offenses.
"Republicans like to talk about how they support immigrants who quote 'do things the right way,'" Jayapal said during the hearing. "Now that they control Congress and the White House, they should be putting their money where their mouth is and ensuring that the legal immigration process remains open to those who pursue it—but that's not what's happening."
"They have arrested people at their citizenship interviews, their check-in appointments with Immigration and Customs Enforcement, and increasingly, at immigration court," Jayapal continued. "These actions are a direct attack on the legal immigration system and the people who are trying to follow all the legal steps."
"These actions only serve to make the immigration system even more chaotic and unjust than it already is," she added. "Just when you think this administration cannot sink any lower, they get out a shovel and keep digging."
House Democrats Judy Chu (Calif.), Jesús "Chuy" García (Ill.), Sylvia Garcia (Texas), Glenn Ivey (Md.), Henry C. "Hank" Johnson, Jr. (Ga.), Zoe Lofgren (Calif.), Jerrold Nadler (N.Y.), Delia Ramirez (Ill.), Mark Takano (Calif.), and Rashida Tlaib (Mich.) took part in Thursday's hearing.
Speakers on Jayapal's panel included retired immigration judge A. Ashley Tabaddor, National Immigrant Justice Center policy director Azadeh Erfani, Acacia Center for Justice chief of staff Bettina Rodriguez Schlegel, andImmigrant ARC interim director of programs Gillian Rowland-Kain.
"Due process in a courtroom means that every part of the system functions fairly and in concert. That requires an independent judge, a level playing field, and a safe, accessible forum for all participants," Tabaddor said. "Yet noncitizens have no right to appointed counsel—even in life-or-death matters."
"Now, the Trump administration claims that immigration judges are effectively at-will employees, directly undermining their independence," she continued. "At the same time, immigration courts are being transformed into enforcement zones, deterring participation and eroding public trust."
"As a former judge, I can tell you: When even one part of the machine breaks—when judges are undermined, when legal support disappears, or fear keeps people from appearing—the entire system collapses," Tabaddor added. "And when that happens, it doesn't just fail immigrants. It fails all of us."
Erfani said: "Nothing is off the table for ICE to meet Trump's arrest quotas and build the largest mass detention system in recorded history. First, they took away all legal services so no one could represent themselves. Next, they raided the courts and took away access to judges. And lately, they have set traps at ICE check-in appointments, where individuals with pending cases trying to comply with their proceedings are shackled and disappeared into remote jails."
"As ICE tramples all semblance of due process and the rule of law, they are terrorizing our communities," she added.
Rodriguez Schlegel noted how "the Trump administration's attacks on due process have upended the lives and futures of our families, neighbors, and friends."
"In addition to the profound impact on our communities, ending legal access programs has further exacerbated the limited capacity of the immigrant legal services field," she said. "Alongside our inspiring network of legal service provider partners, we will continue to fight for these lifesaving programs to be restored so that families, children, and adults aren't forced to navigate our country's increasingly dehumanizing immigration system alone."
"As ICE tramples all semblance of due process and the rule of law, they are terrorizing our communities."
Stressing that "this is more than a policy shift," Rowland-Kain called the Trump administration's actions "a coordinated effort to sideline due process and deport people without giving them the opportunity to present their case."
"What should have been a space for due process is instead a site of fear," she said. "Masked and armed federal agents are arresting and intimidating people who attend court. Volunteers and attorneys are being surveilled. Every day, our members are in those courtrooms—often the only ones there to stand beside immigrants facing an unjust system. We will continue to do our work and to push back."
