HOUSTON, Texas (KTRK) — A number of detentions made by ICE agents at the federal immigration courthouse on Gesner in the last two days have garnered attention as people question why the men were detained, how it was able to happen, and if their due process is being violated.
A video shot by ABC13 shows two men cuffed and surrounded by ICE agents on Tuesday. Immigration lawyer Bianca Santorini said between Monday and Tuesday that six men from Mexico and South America were detained steps outside the courtroom after their immigration cases were dismissed by a judge.
Santorini said the men were in court for a notice to appear. A notice to appear is a hearing to plead your case before a judge on why you should be able to stay in the United States.
But these men allegedly never got that opportunity.
“Due process does not mean you entered illegally and you get to stay, but due process in the constitution means you get that one day in court, and that’s what we’re asking to be respected,” Santorini said.
According to Cesar Espinosa with the immigration rights group FIEL, they used to want cases to be dismissed so they could pursue asylum or other means of staying in the country. But now, with ICE agents waiting outside the courtroom doors, those other avenues are cut off.
Santorini said the detention of these men is possible through President Trump’s signature on an executive order.
ABC13 spoke to Sushum Modi, a former professor of immigration and current lawyer with the Modi law firm. He said expedited removal used to only be enforceable within 100 miles of the border but now spans the country, and allows someone to be removed from the country without seeing a judge if they’ve been in the US from less than two years.
“If they have proof that they’ve been here more than two years, whether it’s bank records, leasing agreements, they should carry that with them to show they are not subject to expedited removal,” Modi said.
The executive order on the White House webpage points towards targeting criminals and violent offenders, but Santorini said none of the men she’s now representing pro-bono have criminal records.
Modi said the courts know the men have no criminal records based on the process they went through to get their court appearances.
“Often they were paroled out of immigration jail, so the majority, probably the vast majority had no criminal history whatsoever, and an ICE officer found they deserved to be paroled out…and they have a fingerprinting, a biometrics that they have to go through,” Modi said.
According to a memo on the ICE government website, ICE agents are allowed to carry out enforcement near or in courthouses.
When ABC13 emailed ICE about arresting people inside courthouses, they sent us a statement saying in part if immigrants have credible claim that they will be in danger in their home countries, they will continue the immigration proceedings, otherwise they will be deported.
“We’re seeing a huge amount of fear, and in a way a lot of people feel trapped,” Modi said.
Both Modi and Santorini said they worry these actions will deter people who are trying to gain legal status from showing up to court. Santorini is encouraging migrants to still go.
“Show up, but if you have been here less than two years, do not come without an attorney,” Santorini said.
Santorini said at least three of the men detained have pending asylum cases that were filed in a timely manner.