Judge in Lawsuit Over San Diego Immigration Courthouse Arrests Questions ICE practices

A new lawsuit filed by a man detained in San Diego, California, is challenging the controversial practice of courthouse arrests by U.S. Immigration and Customs Enforcement (ICE) taking place in recent months. The case could offer critical insight into the government’s approach in making these arrests. (A.M. v. Larose (3:25-cv-01412))

The man identified in court filings as A.M. is seeking asylum in the United States after being subjected to torture in his home country from his human rights advocacy. On June 3, he arrived for what he believed would be a routine immigration court hearing but was shocked to find that the judge had dismissed his case and ICE agents were waiting outside, ready to arrest him and take him to Otay Mesa’s Detention Facility to eventually be deported.

Unfortunately, A.M.’s case is not unique. In recent months, the Trump administration has enforced a controversial policy in immigration courts to expedite deportations by instructing judges to swiftly dismiss cases, subjecting individuals to expedited removal without giving them a meaningful opportunity to contest the government’s claims or consult attorneys.

This approach, detailed in a May 30 directive from the Executive Office for Immigration Review, encourages judges to grant oral motions to dismiss without the standard 10-day response period, effectively eliminating opportunities for individuals to contest their cases. Once dismissed, individuals are immediately eligible for expedited removal, making it possible for ICE officers to arrest them.

This practice has caused panic among immigrants who no longer want to attend their court hearings out of fear they could be arrested and deported on the spot. These arrests have become increasingly common in San Diego, particularly in recent months, with several high-profile cases drawing attention.

A.M. turned out to be luckier than most. While detained he was given a credible fear interview based on his asylum claims and was eventually released from detention. Thereafter he filed a lawsuit against the government requesting a preliminary injunction to stop fast-track deportations.

While Judge Jinsook Ohta overseeing the case did not grant his request for an injunction, she questioned U.S. attorneys for the government letting them know she would require information about how ICE was making their decisions in making courthouse arrests, specifically asking, “How do you go about determining that? Which databases do you look at? What exactly is the deliberative process there?”

The next hearing in the case is scheduled for September 4^th.

If the court finds that these courthouse arrests and expedited removals are unlawful, it could reshape how immigration enforcement operates in and around courthouses. At a time when immigration law remains a hotly debated political issue, this lawsuit could be a defining moment in the effort to protect due process and ensure fairness in immigration proceedings.

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