Legal Orgs Sue Trump Admin Over Unlawful Policy of Arresting People Who Attend Mandated Court Hearings
NEW YORK — Today, on behalf of The Door and African Communities Together, the New York Civil Liberties Union (NYCLU), ĚÇĐÄVlog (ACLU), Make the Road New York (MRNY), and Emery Celli Brinckerhoff Abady Ward & Maazel LLP (ECBAWM) filed a federal lawsuit in the Southern District of New York challenging Immigration and Customs Enforcement’s (ICE) cruel, unlawful policy that allows ICE agents to arrest people for showing up to court and prevent them from pursuing their immigration cases.
The complaint challenges the Trump administration’s unprecedented and unlawful policies targeting people appearing for their immigration court appointments, in violation of the Administrative Procedure Act — a federal law that ensures transparency and accountability in how federal agencies create and carry out regulations. The lawsuit seeks to vacate the policies entirely.
“What we have been witnessing in immigration court in the last few months is unconscionable,” said Beth Baltimore, deputy director of The Door’s Legal Services Center. “Every day, we receive panicked calls from young people who are members of The Door — teens and young adults who have fled violence, abuse, and unimaginable trauma — who are scared to attend their court hearings over fear of deportation. We now regularly hear reports from members whose friends and classmates have disappeared after routine court appearances, and our members are afraid to go to court, school, and even leave their homes out of fear they will be detained by ICE. No child should have to choose between their safety and their right to due process.”
“In its fervor to expel as many immigrants as possible from the country, the Trump administration is targeting immigrants in the very place set up to adjudicate their status: immigration court,” said Diana Konaté, deputy executive director of Policy and Advocacy at African Communities Together. “Every day, our members are forced to choose between being kidnapped and/or put into expedited removal, or risking deeper legal consequences because they're too scared to go to court. This is exactly what the administration intended: for people to be so fearful of enforcement that they forfeit the very resources and systems in place to protect them. We’re bringing this lawsuit on behalf of our members and fighting for justice.”
“Noncitizens across the country are arriving at immigration courts expecting to present their case and return home to their families — instead, ICE is arresting them as they leave the courthouse,” said Amy Belsher, director of Immigrants’ Rights Litigation at the NYCLU. “This practice turns mandatory immigration proceedings — where noncitizens are entitled to pursue safety and relief — into yet another weapon of the Trump administration's mass deportation agenda. These cruel tactics are unlawful, unfair, and unjust.”
“The Trump administration’s tactic of ambushing people who are complying with their legal obligations while going to their court appointments is creating a reign of terror and lawlessness,” said Michael Tan, deputy director of the ACLU’s Immigrants’ Rights Project. “The administration’s actions are cruel and unprecedented, and we are asking the court to move swiftly to put a halt to it.”
In recent weeks, ICE has mounted an unprecedented campaign of arresting people at their mandated immigration court hearings, and then trying to fast track their deportation. This includes Dylan, a high schooler from the Bronx who ICE arrested when attending a routine court date, another student in New York City, and Oliver Mata Velazquez, a 19 year old living in Buffalo who ICE targeted, detained, and fast tracked for deportation. The NYCLU filed a lawsuit last month challenging Oliver’s unlawful arrest and secured his release.
“In our courthouses, we have witnessed ICE’s draconian measures to strip individuals of due process, and detain mothers, fathers, and students without accountability — ripped away, and subjected to the horrors of inhumane detention centers,” said Harold Solis, co-legal director of Make the Road New York. “This cynical maneuver traps people who are doing what is required of them to comply with their legal obligations to appear in court. Through this lawsuit, we hope to put a complete stop to these unlawful arrests that have only terrorized immigrant communities.”
“The Trump administration’s new policy of seizing and detaining people at their mandatory immigration court hearings is cruel and unlawful,” said Emily Wanger, associate at Emery Celli Brinckerhoff Abady Ward & Maazel LLP. “Targeting people at courthouses violates due process, tears families apart, and serves no purpose beyond meeting ICE’s daily arrest quotas. We’re suing to put an end to these arbitrary arrests and ensure that every person has a fair opportunity to seek immigration relief.”
The complaint is here.
Court Case: African Communities Together v. Lyons
Affiliate: New York