At least 10 people have been arrested this week in the Charlotte Immigration Court, by Immigration and Customs Enforcement (ICE) agents, as part of a national strategy to capture vulnerable undocumented immigrants.
What had been routine immigration court appearances for undocumented immigrants to continue their legal process and remain in the country have turned into "traps to capture and deport them."
The immigration arrests in immigration courts are part of the Trump administration's plan since its inception first day, to arrest undocumented immigrants in areas that were previously protected.
These immigration court arrests have caused chaos and panic in the cities where they have occurred, including Los Angeles, Phoenix, New York, Seattle, Miami, Chicago, and Atlanta.
Important information: Where to report and verify ICE arrests and raids in North Carolina?
Who are they detaining in the courts?
The government's new tactic of arresting immigrants in immigration courts includes people who have no criminal record, those who show up without a lawyer, and people who have asked asylum, according to reports received by the American Bar Association (AILA).
For its part, ICE said in a statement that it was detaining people who are subject to the authority of “rapid deportation".
Three days detaining immigrants in immigration court
For the third day in a row, ICE agents have been seen in the parking lot of the Immigration Court building, located at 5701 Executive Center Drive, Suite 400 (4th floor). According to witnesses, the agents have left the building with some immigrants who were attending their hearings with the judge.
One of these witnesses is immigration attorney Andres Lopez, who has his office, Lopez Law Firm, on the first floor of the building, who spoke with Enlace Latino NC and confirmed the presence of ICE agents in court.
“This morning at around 9:00 a.m., I saw six ICE agents entering the building and going to the fourth floor to look for someone. I was with them in the elevator,” López said. “The agents are driving around in a small white van,” he added.
You may be interested in: Since Trump's inauguration, 287(g) agreements with ICE in North Carolina have increased.
Focused on cases that the judge dismisses
According to the lawyer, immigration agents coordinate with the government prosecutor in cases that can be dismissed.
"They're arguing that since these are people who have entered the country in the last two years, they can remove the removal or expedited removal during that process, so they no longer have the right to see a judge and thus be detained and ineligible for bail," the lawyer explained.
This tactic began to be put into practice this week, as cited by the AP news agency , about the case of a Colombian immigrant, Juan Serrano, 28, with no criminal record, who attended a preliminary hearing in Immigration Court in Miami.
What he expected would be a quick check-in and a judge ordering him to return in two years to plead his case against deportation, surprisingly, instead of setting a future court date, government lawyers asked to dismiss the case.
“You're free to go,” Judge Monica Neumann told Serrano. But as he left the small courtroom, five ICE agents were waiting for him. They handcuffed him and took him away in a van along with other immigrants detained that day.
Prosecutors ordered to dismiss court cases
La AP revealed , that three immigration officials who spoke on condition of anonymity for fear of losing their jobs said government lawyers were ordered to begin dismissing cases when they reported to work on Monday, May 19, knowing that ICE agents would now have “free rein” to arrest those individuals as soon as they left the courthouse.
Related: Online Immigration Court Hearings: Who Can Request Them and How to Request Them
What options do these immigrants have?
López said that if these immigrants don't want to be deported when a judge dismisses their case, they would have to express a credible fear of being returned to their country because their lives are in danger.
“The law says that the moment a person expresses fear, the government has to give them a credible fear interview, and if they pass that interview, then they cancel that expedited deportation order and They would be in the same situation they were in today before their case was dismissed. "The process at this point is absurd," he said.
What could happen if you go with a lawyer
In these preliminary cases, where the immigrant is appearing before the immigration judge for the first or second time, they must be prepared and know their rights well, or go with a lawyer, otherwise they risk being detained by ICE agents today.
“I don't know exactly the case of each person, but someone who has a case has the right to request a relief, asylum, whatever, but if they don't do it, and if they don't have a lawyer and they dismiss the case and don't understand what's going on, ICE is there waiting for them," the lawyer warned.
"They're going to catch people who are easy to deport, but anyone who prepares and finds a lawyer will be better protected," López said.
They are being denied their right under the law
On the other side are immigrant rights advocates, who are currently facing "legal walls" in defending their rights.
According to Stefania Arteaga, founder and director of Carolinas Migrant Network (CMN) y Collective CommunityOne of the people detained in court had a lawyer and requested the continuation of his case.
"We don't know very well the legal strategy at this time, because our lawyer says that there is not even an opportunity to ask for immigration bail," Arteaga told Enlace Latino NC .
"I find this completely unfair, because these are people who are complying with the law, and they are not allowing them a fair chance. They are depriving them of the opportunity to fight their case, which is the right of asylum seekers: to be able to speak before a judge and explain their situation," the activist expressed.
Arteaga mentioned that although they have not yet received reports on their dedicated line (704-740-7737) for the community to report ICE presence and arrests, they will be monitoring what happens on the immigration court grounds and will see if they can revive a network of volunteers who were supposed to attend the hearings.
These arrests are in addition to other arrests that ICE agents have made in sensitive areas, such as that of four immigrants in the Mecklenburg County District Court in April, and the large-scale operation held last week in the Charlotte area.
One of the actions caused shock and criticism from county officials, as it occurred at a preschool located at the Central United Methodist Church, when the children were being picked up by their parents and ICE agents parked several vans in the church parking lot.
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