The situation at the courthouse is seen by some as a ‘no-win’ scenario. Migrants are required to show up in court but they are arrested upon their arrival. Despite the fact that they were granted permission to exit the courtroom without windows, the only accessible exit was a corridor lined with immigration officials wearing masks. Moments before leaving, tears were seen in many men’s eyes, as women made the sign of the cross. A few of these individuals were apprehended by federal agents before they could make it to the end of the hall, and they were ushered out through a fire escape, away from the media and a handful of legislators from New York.
This occurrence wasn’t an anomaly confined to a courthouse located on the twelfth story of a federal building in Manhattan earlier this month. It is a scene that immigration lawyers claim is becoming increasingly common across the nation as immigrants who believed they had complied with all regulations find themselves being detained by federal agents. In a move to fulfill a campaign promise, President Donald Trump overturned the asylum process that was in place under his predecessor. Thereby, many who followed this process now find themselves classified as residing illegally in the United States.
‘Most individuals who have entered the United States illegally within the last two years are eligible for expedited removals’, as stated by Tricia McLaughlin, the assistant secretary for public affairs at the Department of Homeland Security. ‘The law is being followed by ICE, and these individuals who entered illegally are being placed in expedited removal, as they always should have been.’ From late May onwards, the DHS began requesting courts to dismiss cases against recent migrants. Subsequent to this, these migrants were arrested while exiting the courtroom.
In recent times, even migrants who have ongoing asylum cases with no criminal records have found themselves in custody. As Alexa Avilés, a member from Brooklyn of the New York City Council who heads the city’s immigration committee, described after a July 3 hearing, ‘Seemingly, they’re arresting everyone. It’s like a harsh intensification.’ If a migrant is able to convincingly demonstrate that their lives would be at risk if they were deported back to their home countries, they will continue to be part of the immigration proceedings. However, if their claim of credible fear is found lacking, deportation is a swift process.
The American Immigration Lawyers Association, a nationwide network of around 17,000 attorneys, verified the increased frequency of their clients being detained when they voluntarily appeared for typical court hearings. Vanessa Dojaquez-Torres emphasized that the people being detained are those who have shown up as directed for court procedures. ‘The majority of people being arrested,’ she further highlighted, ‘neither have criminal nor immigration court records. They’re simply seeking a fair opportunity to submit their requests, be it for asylum or other forms of relief.’
Even though hearings for asylum can still proceed while an immigrant is detained, the deportation process is significantly sped up and accessing legal counsel becomes a greater challenge. This has resulted in many individuals opting not to appear in court for their scheduled dates. This avoidance, in turn, increases their likelihood of arrest and deportation. Nikolai Mischler, an activist with the New York City-based nonprofit, Jews for Racial and Economic Justice, referred to the situation as a ‘Catch-22.’ While noting that it is entirely reasonable for individuals to be reluctant to attend court due to fear, Mischler pointed out that this fear also places them at a much greater risk.
His organization has been urging people, if possible, to choose virtual hearings, despite the fact that not all judges are open to the idea. As of July 11, Mischler reported that people have been taken into custody by agents before they even enter the courtroom. A hearing was held in early July which aimed to provide an understanding of the law to a group of migrants contemplating an application for asylum. After setting future dates for their return and providing instructions on the basic procedure for an asylum claim, the judge adjourned the court.
Exiting the courtroom, the migrants were faced with the daunting prospect of crossing a passageway filled with armed agents. These agents, their faces partially concealed by neck gators, bore the insignia of Border Patrol, Homeland Security, and the Treasury Department on their tactical vests. Democratic State Assemblymember Grace Lee stated that it was difficult to visualize the intense fear that people must experience navigating to and from the court. ‘You can almost feel their fear through their eyes,’ she commented.
One Venezuelan man living in Queens was among those who were arrested. Unfortunately, his brother was left behind despite being allowed to walk free. The brother shared that his belongings were at the arrested man’s apartment, and he ended up unsuccessfully making attempts to request a security guard for the apartment keys. Another man, attired in a traditional white robe, was seen breaking down in the waiting room.
Outside the courthouse, small groups gathered together on the pavement, some individuals were seen weeping. Others were observed pacing back and forth, their wait in vain for those who were not permitted to leave the premises. Throughout these instances, it’s imperative to remember that the individuals affected are not statistics; they are people who thought they were following protocol, only to find themselves ensnared in a system that largely undermines their attempts for a better life.
The prevailing sentiment amongst the affected individuals and their advocates seems to be one of shock and disappointment. They believed in their actions, they adhered to the processes and regulations presented to them, and yet they find themselves up against what appears to be an insurmountable obstacle. This situation serves as a stark reminder of the harsh reality many immigrants face today.
Detaining otherwise law-abiding immigrants in this way not only creates fear and uncertainty but also has the potential to erode trust in the system. It is becoming clear that the very processes designed to guide hopeful migrants are falling short of their expectations. They arrive in court, expecting to see the workings of justice, only to be arrested and removed from proceedings.
The complexity of the U.S immigration system, coupled with the fear and uncertainty experienced by these immigrants during court appearances, underscores the urgent need for reform. Demonstrating the two faces of this complex issue may well be one step towards understanding and, ultimately, resolving it. The stories told outside the courtroom serve as critical narratives, acting as the human face of America’s contemporary immigration issues.
The situation remains precarious for those stepping into and out of courtrooms across the country, uncertain of their fate with every step. As lawmakers, advocates, and immigrants alike grapple with this ‘no-win’ scenario, the hope remains for a future that addresses these complex issues in a more humane manner. Until that time, the corridors of courthouses will continue to tremble with the nervous footfalls of those compelled to walk through them in pursuit of justice and a chance at a better life.
The post Immigrants Face ‘No-Win’ Scenario at U.S. Courthouses appeared first on Real News Now.
About Author
