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Immigrant rights groups warn of ICE operations at Northern California immigration courts

San Jose protesters take their demands to ICE program office in San Jose
San Jose protesters take their demands to ICE program office in San Jose 03:10

Rights groups were present at immigration courts in Northern California this week to warn people that immigration authorities were dismissing their cases to have them arrested at the court and quickly deported.

The U.S. Immigration and Customs Enforcement began an operation this week at immigration courthouses across the country to terminate their cases, only to have ICE agents waiting outside to take immigrants into custody. 

Government officials and lawyers told CBS News the Trump administration is carrying out the operation to place certain migrants in an expedited removal process to fast-track their deportation without a court hearing, instead of adding their cases to the massive backlog of pending cases.

Immigrants warned, ICE operations at immigration courts condemned

In a joint press statement, Northern California immigrant rights groups and the San Francisco Public Defender's Office condemned the ICE operations at immigration courts, saying the operation creates fear within immigrant communities, deters people from attending court while potentially harming their cases, and undermines the constitutional right to due process. 

The groups said ICE agents conducted operations this week at the San Francisco, Concord and Sacramento immigration courthouses, and at least one person was arrested at the Concord courthouse. Attorneys and volunteers with the groups were at the courthouses to advise people of their rights and help them during their proceedings, including opposing ICE motions to dismiss their cases.

"This is the first time I've seen something like this happen in court," said Sergio Jaime Lopez with the Contra Costa Immigrant Rights Alliance in a prepared statement. "It's deeply concerning to witness the government use scare tactics in a space where people are supposed to seek protection."

"I am heartbroken at what took place in the corridors of the Concord Immigration Court," said volunteer Cynthia Ashley in a statement. "The incident shook me to the core. The ICE agents' display of force and power, and their disdain for the right this man had been given to plead his case, are beyond comprehension."

According to the statement, security escorted Ashley out of the building after she and other volunteers reminded immigrants of their right to remain silent. 

A Department of Homeland Security spokeswoman said in a statement that the Biden administration was at fault for releasing migrants with notices to appear in immigration court, instead of trying to deport them quickly through expedited removal. The department has previously stated that courthouse arrests of persons it calls "criminal illegal aliens" are "common sense" and safer for law enforcement because they have been verified as unarmed after going through security screening.

Call to reaffirm city, state sanctuary policies

"We need our local and state elected officials to partner with us to defend our immigrant communities against this unprecedented attack on due process rights," said Angela Chan, Assistant Chief Attorney at the San Francisco Public Defender's office in a prepared statement. "Elected officials can also reaffirm and strengthen local and state Sanctuary laws that prohibit use of our collective resources to carry out the federal government's unlawful and unconstitutional policies."

Last month, a judge blocked the Trump administration from halting federal funding to so-called "sanctuary cities" and other local governments that limit cooperation with federal immigration agents, following a lawsuit originally filed by San Francisco and Santa Clara County, California, later joined by other California cities along with Minneapolis/St. Paul, Minnesota; Santa Fe, New Mexico; and Seattle, Washington.

In 2017, San Francisco sued the first Trump administration when it tried to withhold federal funds because of its sanctuary policies; with an appeals court ruling such policies were legal and the withholding of funds was unconstitutional.

In 2020, the U.S. Supreme Court declined to hear a case involving California's sanctuary law restricting state and local law enforcement from assisting federal immigration authorities, allowing the law to remain intact. The Trump administration had sued California in 2018 over the law, and an appeals court upheld a federal court decision not to block the measure from taking effect.

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