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“The administration’s reckless courthouse arrest policy is an affront to justice, designed to sabotage the immigration court system and force people to abandon their lawful claims," said one plaintiffs' attorney.
Civil rights groups on Thursday filed a pair of legal motions seeking a nationwide block of the Trump administration's mass arrest policy targeting people attending scheduled immigration court appearances and their extended detention in ill-equipped facilities.
The Lawyers' Committee for Civil Rights of the San Francisco Bay Area (LCCRSF), Central American Resource Center (CARECEN) San Francisco, ACLU of Northern California, and the law firm Coblentz Patch Duffy & Bass LLP filed the motions in the United States District Court for the Northern District of California.
One motion contests US Immigration and Customs Enforcement's Nationwide Hold Room Waiver, a policy enacted last June that extended the maximum amount of time people can be held by ICE in temporary detention cells from 12 to 72 hours. The other motion seeks to vacate ICE's and the Executive Office for Immigration Review’s courthouse arrest policy, arguing it violates the Administrative Procedure Act, which requires federal agencies to follow specific, standardized procedures during their rulemaking process.
“From arrest to detention, the Trump administration’s policies are a symptom of a lawless approach to governance," ACLU of Northern California director of appellate advocacy and plaintiffs' attorney Neil Sawhney said in a statement Friday. "One policy creates fear of the system, and the other inflicts suffering within it, creating a cycle of trauma. We are fighting to break this cycle by ending both the courthouse arrests and the prolonged, brutal detentions they feed."
The new motions stem from the ongoing class action lawsuit Sequen v. Albarran, a case challenging the Trump administration’s courthouse arrests and prolonged detention of immigrants in unsafe conditions in temporary lockups.
“The administration’s reckless courthouse arrest policy is an affront to justice, designed to sabotage the immigration court system and force people to abandon their lawful claims,” said LCCRSF program director Jordan Wells, a lawyer representing plaintiffs in the case. "This is a critical step in ensuring that immigrants can safely pursue their immigration cases without fear of arrest.”
Last month, US District Judge Casey Pitts granted a stay in Sequen v. Albarran, temporarily blocking ICE from making courthouse arrests within the agency's San Francisco Area of Responsibility, pending the outcome of the broader legal challenge.
Pitts had previously granted a preliminary injunction ordering ICE to immediately improve "inhumane" and "punitive" conditions at the agency's Sansome Street holding facility in San Francisco.
A separate lawsuit filed last July by the National Immigrant Justice Center, Democracy Forward, LCCRSF, and the Refugee and Immigrant Center for Legal Education and Services in the US District Court for the District of Columbia is also challenging the Trump administration's courthouse arrest policy.
“The Trump administration’s arbitrary policies are an assault on due process. Transforming immigration courthouses into sites of arrest eviscerates the right to access justice while prolonging detention in barren cells violates the Fifth Amendment’s core promise against punishment without trial," Nisha Kashyap, another LCCRSF lawyer for the plaintiffs, said Friday.
"Our fight is to restore the foundational principle that the government cannot detain people in inhumane conditions or terrorize them out of court,” she added.
While the Trump administration claims the ICE crackdown is primarily targeting dangerous criminals, critics have noted that people legally seeking asylum, families, relatives of American citizens, and even citizens themselves have been swept up in the mass deportation dragnet. According to a recent analysis by the libertarian Cato Institute, 73% of people taken by ICE had no criminal convictions.
CARECEN legal director Laura Sanchez said Friday that the Trump administration's arrest and detention policies "are a direct attack on the safety and dignity of our families" and "force parents to choose between appearing in court to fight for their right to stay with their children, or missing that hearing to avoid being snatched away by masked agents."
"We hear the trauma in our community’s voices every day," Sanchez added. "This legal action is our collective cry for justice. We ask the court to uphold the rule of law and restore human dignity."
Mark Hejinian, a partner at Coblentz Patch Duffy & Bass LLP, asserted that “the Administrative Procedure Act is a cornerstone of accountable government, requiring agencies to act with reason and transparency."
"The Trump administration has trampled on these requirements," he added. "The government failed to consider alternatives and disregarded profound constitutional and human costs. We hope the court will see these failures and vacate both policies.”
"This isn’t about the nukes or the missile program. This is about regime change," a former senior intelligence official told Drop Site News.
Senior officials in the US military have told a key Middle East ally that President Donald Trump may strike Iran as soon as this weekend, as part of an operation that may seek to decapitate the Islamic Republic's government, according to a report published Friday by Drop Site News.
While the Trump administration reportedly envisions attacks against nuclear, ballistic, and other military sites around Iran, a former senior US intelligence official who is acting as an informal advisor to Trump told the outlet: "This isn’t about the nukes or the missile program. This is about regime change."
As Iran has been roiled by the largest wave of protests since the Islamic Revolution in 1979, Trump has repeatedly threatened to launch strikes, which he has claimed would be in retaliation for the nation's security forces killing demonstrators.
While counts vary widely, the US-based Human Rights Activists News Agency reported Friday that Iranian security forces have killed more than 6,000 protesters in a brutal crackdown that has largely quelled the unrest seen earlier this month.
According to the senior official, who has worked as a consultant for Arab governments, Trump's war planners hope that a strike on the Islamic Revolutionary Guard Corps (IRGC) would galvanize Iranians to return to the streets and eventually deliver a knockout blow to their government.
He said that Israeli Prime Minister Benjamin Netanyahu, who has long sought to push the US to engage in direct conflict with Iran, “is hoping for an attack,” and is “assuring Trump that Israel can help put in place a new government that is friendly with the West.”
In the Oval Office on Friday, Trump told reporters that the US has a “large armada, flotilla, call it whatever you want, heading towards Iran right now." He said that the armada was "larger than Venezuela," referring to the buildup of ships leading up to the US invasion of the Latin American country earlier this month to overthrow its president, Nicolás Maduro.
According to Drop Site, two senior intelligence officials from an unnamed Arab country said they received word that a US attack could come “imminently," potentially as soon as Sunday.
Brigadier General Mohammad Akraminia, Iran’s military spokesperson, in an interview on Iranian TV on Thursday, said that a strike against Iran would likely play out very differently from the one launched in June against three Iranian nuclear sites. Iran's response was limited: an attack on a single US military base in Qatar, which it telegraphed beforehand.
“If such a miscalculation is made by the Americans, it will certainly not unfold the way Trump imagines—carrying out a quick operation and then, two hours later, tweeting that the operation is over,” Akraminia said.
“The scope of war will certainly extend across the entire region, he added. "From the Zionist regime to countries that host American military bases, all will be within range of our missiles and drones.”
Trump has said "time is running out" for Iran to come to the table to negotiate a new nuclear agreement with the United States, one with much more stringent restrictions than the one the president ripped up in 2018.
According to the New York Times:
US and European officials say that in talks, they have put three demands in front of the Iranians: a permanent end to all enrichment of uranium and disposal of its current stockpiles, limits on the range and number of their ballistic missiles, and an end to all support for proxy groups in the Middle East, including Hamas, Hezbollah and the Houthis operating in Yemen.
As the Times pointed out, "Notably absent from those demands... was any reference to protecting the protesters."
Iranian Foreign Minister Abbas Araghchi stated on Friday that Tehran would “welcome negotiations that ensure Iran’s right to peaceful nuclear activity” and that it would not “negotiate anything related to our conventional arms, including missiles. This is something we cannot risk.”
He said Iran would not agree to any deal that halts uranium enrichment on its soil, which it has said it has the right to pursue under the terms of the Nuclear Nonproliferation Treaty (NPT). "We do not want to enter into any kind of negotiation that is doomed to failure and can then be used as another pretext for another war," he told Al-Monitor.
Speaking to reporters at the White House on Friday, Trump said Iran “wants to make a deal” but did not elaborate on what that meant. “We’ll see what happens. I can say this: They do want to make a deal."
Mohamed ElBaradei, former director general of the United Nations' International Atomic Energy Agency, has condemned Trump's threats.
"The continued unilateral threats of a military strike against Iran in the absence of any clear and present danger and in violation of international law, bring to mind the same grim scene before the illegal and immoral Iraq war with its lies and horrifying consequences," he wrote on social media. "Human life and regional destruction don’t seem to matter."
Sen. Bernie Sanders (I-Vt.) today secured a Senate vote on his amendment to the government funding package to repeal the $75 billion funding increase for Immigration and Customs Enforcement (ICE) — originally included in Trump’s “One Big Beautiful Bill” (OBBB). The amendment would use those savings to reverse Medicaid cuts in the OBBB, preventing 700,000 Americans from losing their health care.
“As we speak, ICE agents are shooting American citizens in cold blood, breaking down doors to arrest people, and sending 5-year-olds to detention centers, all in clear violation of our Constitution,” Sanders said. “Instead of funding Trump’s domestic army, we should instead use that money to prevent hundreds of thousands of Americans from losing the health care they desperately need by investing in Medicaid. I urge my colleagues to support this commonsense amendment and stand up for the rights and dignity of all Americans.”
Renee Good and Alex Pretti were murdered by federal agents because they were human rights defenders, bearing witness to the Immigration and Customs Enforcement’s (ICE) widescale human rights abuses in Minneapolis. As legal observers and protestors, they were scrutinizing and calling attention to an authority that has attempted every measure to evade accountability for its crimes of unlawful kidnapping and deportation.
In light of these and other extrajudicial killings, and as government officials now label civil society solidarity “domestic terrorism,” FIDH and the Center for Constitutional Rights warn of a potentially irrevocable backsliding of human rights and the rule of law in the United States.
The systemic suppression of investigations and evidence, coupled with outright lies and denial of facts, as well as the direct pressure placed on judges mark dramatic escalations of authoritarian tactics by government officials and place serious constraints on the possibility of justice for those whose rights are being violated.
The Trump administration’s efforts to provide unchecked funding and to increase the power of federal law enforcement agencies in the United States increasingly resemble attempts to establish instruments for state-sanctioned intimidation and extrajudicial killing. "The kidnapping and detention of protesters, union leaders, Native community leaders, and many more appear as nothing but direct counterinsurgent measures and a sign of a rapid erosion of civil society’s freedoms,” said Alexis Deswaef, FIDH’s president.
And in the absence of public obedience with such tactics, signs of a permanent state of exception, boosted by unprecedented surveillance, are also taking hold. Popular pressure, protests, and civil society’s mobilization now appear as the sole safeguard for democracy and human rights in the United States. FIDH and the Center for Constitutional Rights commend those taking to the streets and those refusing to back down in this moment of crisis. As organizations from an international network, they are well-aware of the risks human rights defenders take under authoritarian regimes, but also are certain that history is on the side of the protesters refusing injustice.