(The Center Square) — Federal ICE agents would be largely barred from arresting individuals who show up for immigration hearings under a proposal filed by a group of New York Democrats, who say the plan would “protect” non-criminal immigrants from deportation.
The Immigration Due Process Protection Act, filed Monday by Rep. Dan Goldman and several other House Democrats, would prohibit U.S. Department of Homeland Security agents from detaining suspects at federal immigration courts, unless there is a judicial warrant for their arrest.
Goldman said the bill, if approved, would “put guardrails on the Trump administration’s reckless tactics at federal immigration courts and help ensure immigrants who are lawfully seeking asylum can continue to do so.”
“Over the past year, we have shockingly and repeatedly witnessed ICE and DHS officers detain non-violent, non-criminal immigrants immediately following mandatory court appearances – in many cases even while their case remains active and viable,” he said in a statement.
The lawmakers, including New York Democratic Reps. Adriano Espaillat and Nydia Velazquez, said ICE agents have been “lying in wait outside courtrooms, wearing face coverings, frequently without proper identification, detaining individuals as soon as their hearings conclude — often after DHS’s own attorneys move to dismiss or terminate the cases.”
“These bait-and-switch tactics have ensnared nonviolent immigrants with no criminal records, including asylum seekers, students, and parolees who entered lawfully into the country,” they said in a statement. “By voiding pending asylum applications and immediately placing people into expedited removal, DHS is bypassing due process, cutting off access to counsel, and fast-tracking deportations for those who are otherwise following legal procedures.”
Under the legislation, DHS officers would be prohibited from arresting or detaining an individual that is physically present at an Executive Office for Immigration Review immigration court facility for the purpose of attending or participating in a hearing, unless they have a judicial warrant. It would also bar ICE from arresting suspects arriving or leaving an immigration court facility for a hearing.
Goldman, an attorney who served as lead counsel in the first impeachment of former President Donald Trump, recently drew criticism after calling on the NYPD to arrest and prosecute ICE agents who engage in “unlawful actions” during federal immigration crackdowns in the city.
Immigration enforcement actions in courthouses have been a flashpoint in pushback to Trump’s administration enforcing the law. Advocates, court officials and even some judges have been accused of resisting attempts by ICE to apprehend suspects who show up for court hearings. Democrats have staged protests outside courthouses to decry ICE tactics and shield immigrants from apprehension.
A federal judge recently upheld a New York state law that restricts immigration arrests at state and local courthouses, dismissing a legal challenge by the Trump administration.
In a recent statement, DHS says arrests in courthouses reduce “flight and safety risks to the public, law enforcement officers, and targets themselves” because individuals are “usually screened for weapons or other contraband before entering a courthouses.” New York is facing several federal lawsuits over its ‘sanctuary’ policies that restrict cooperation with federal immigration crackdowns.
