Overview
Immigration officers have been arresting individuals outside federal courtrooms since May, a development that has radically altered day-to-day operations in San Diego Immigration Court. Times of San Diego observed proceedings that were open to the public, along with multiple arrests in the court’s hallways, from June 17-24. This story documents scenes from those five days.
A husband, accompanied by his wife and their five-year-old daughter and baby, were present in court. He had no attorney. As their baby cried in the back of the courtroom, the man told the judge he’s been looking for a lawyer, but they cost money he does not have. His case was extended.
System overwhelmed — Wednesday, June 18
Children and families flooded the courtroom on Wednesday. DHS attorneys had reopened old cases, some going back four years or more, leaving attorneys scrambling. In one case, a lawyer said he didn’t get an opportunity to speak to his client until the day of the hearing. Another individual had an incomplete asylum application — the attorney said he was unable to finish it because of his caseload.
Notably, many attorneys, along with their clients, appeared on Zoom. But to do so, one must file a motion to appear virtually. That motion then needs to be approved by a judge in advance of the hearing date. With ICE arrests continuing at courtrooms, requests for such motions have risen sharply. Attorneys said approval depends on the judge.
“Me and my colleagues, every time we go to court, everybody is under a lot of anxiety and stress and we are moving for virtual appearances,” said Laranang. “Some judges have been very accommodating … other judges have denied (the motion). I don’t even feel like there’s even a clear consensus on how they deal with it.”
Inconsistencies arise each day.
A young woman representing herself said she failed to submit her documentation on the June 9 deadline because she was afraid of ICE. In her case, the government’s attorneys did not object to accepting the paperwork late.
Another young woman asked what she could do to avoid being detained by ICE before her next hearing. The government argued she should not be eligible for asylum because she’d crossed the border illegally. The judge had no answer, but reminded her that she would have to come to court in-person to present her asylum claim.
Those who fail to appear are subject to immediate deportation.
Early Wednesday, ICE arrested one individual. The circumstances surrounding his arrest were unclear; he exited a courtroom alone. His case was unlisted on the docket.
