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.
In most courts, when a judge issues an order, attorneys comply. But after yet another verbal dismissal from the government – the attorney did not submit his motion in writing – the judge’s exasperation showed. “I’ve ordered the government to file a written motion in cases like this one and they haven’t done so,” he said.
Tensions rise — Monday, June 23
The individual in that case was one of two detained Monday, a busy day for the court. There were 68 cases listed on the docket, more than double the listings on previous days. And ICE officers again lined the halls.
In one hearing, Times of San Diego witnessed, the government moved to dismiss the case, citing a “change in enforcement priorities and policies.”
This tactic, dismissing cases, has taken a turn.
Immigration attorneys previously sought dismissals, opting instead to go through US Citizenship and Immigration Services, where clients do not face a government attorney. In fact, in the case heard on Monday, the immigration attorney had sought such a dismissal months ago. The federal government then objected.
Now DHS is the one calling for dismissals while immigration attorneys categorically avoid them.
The attorney in Monday’s hearing objected, asking the government to file a written motion. Yet all of the DHS dismissal motions witnessed by Times of San Diego have been verbal. For attorneys, this practice leaves them and their clients with limited time to prepare.
Saint-Jeans has over 10 clients who were detained at San Diego Immigration Court. Even in cases where the judge decided to withhold judgment on a dismissal motion, even when he was granted 10 days to respond and his clients had a new hearing date, they were detained.
“I don’t know how any law, any Constitution, any human being can justify this,” Saint-Jeans said.
Eight ICE officers were in the hall by 9 a.m. Monday. Tensions ramped up quickly. They confronted one volunteer filming arrests in the hallway and accused him of “shoulder surfing,” or taking pictures of an officer’s phone.
The volunteer took out his phone to defend himself, showing the authorities his camera roll, but they grabbed him by his arm and walked him to the set of elevators leading to the building’s exit.
“You cannot detain U.S. citizens, you cannot touch U.S. citizens, you have no authority,” an onlooker cried out.
The volunteer left the building but the tension remained. An ICE officer called for back-up, claiming that the volunteer was refusing to cooperate and that he should be watched in case he tried to re-enter the federal building. Exactly who the officer was speaking to was unclear.
