SAN ANTONIO – For more than a week, immigrants living in the United States without legal permission at immigration court for scheduled hearings have encountered an unexpected and heartbreaking scene.
Their cases were dismissed, only to be immediately detained by U.S. Immigration and Customs Enforcement (ICE) officers waiting outside.
A young boy was seen comforting his mother on Thursday as she was placed in a detention unit.
“Tranquila, ma. Aquí estoy yo,” the boy told her in Spanish. “Stay calm, mom. I’m here.”
One man said his wife, who had no previous criminal record, was attending her second hearing to stay in the U.S. legally. Instead, her case was suddenly dismissed.
“Les tumba el caso. Es por eso no vengan, por eso te van a llevar,” the man said, warning others not to show up, fearing they too would be taken.
Legal advice urged
Immigration attorney Keishla McFarlane warned against skipping court hearings despite the risk of arrest.
“Not going is not the answer either,” McFarlane said. “Then an automatic deportation hold is put on your record.”
McFarlane, who has been in and out of immigration court in recent weeks, said the current process feels like a “trap.”
“What we’ve been seeing is — and it’s happened to some of my clients — when we go to court, the government’s attorney is offering to dismiss the case,“ McFarlane said. ”Then, ICE steps in.”
McFarlane added that the legality of these arrests is murky.
“For some people, what they’re doing is within their authority,” McFarlane said. “For others, it’s very complicated. There’s (sic) questions about whether they qualify for expedited removal.”
ICE responds
ICE confirmed to KSAT 12 that agents do have the authority to arrest immigrants living in the U.S. without legal permission — even outside of court hearings. However, critics argue the tactic undermines trust in the legal system.
“Everybody is very scared about what’s going on,” McFarlane said.
McFarlane also noted that lawsuits are already underway regarding the legality of these detentions.
On Thursday alone, KSAT witnessed more than five people being taken into custody.
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