Attorneys and activists who were at federal court Thursday said migrants were detained by ICE immediately after leaving the courtroom.
Immigration attorney Emily Wietzel has been practicing her field of law for 12 years. She said she has never seen anything like the scenes playing out in San Diego — and, reportedly, across the country — this week.
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ICE agents were waiting right outside the courtroom, arresting people who have shown up for their hearings. Judges have been told by the federal government to terminate some peoples' cases, leaving them vulnerable to arrest as soon as they exit the courtroom. Once in custody, they are on a fast-track to being deported, under what ICE is calling "expedited removal."
“I saw the door swing open, and there were ICE agents waiting there to pick them up,” Wietzel said. “Lack of notice and even basic human decency is what's super shocking to all of us."
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According to a statement from ICE about the practice of expedited removals, "An immigration judge has reviewed DHS’s motion to dismiss proceedings and agreed that dismissal is appropriate in these cases."
ICE said people are being taken into custody, pending removal from the United States.
The Trump administration broadened the scope of who qualifies for expedited removal. Migrants without adequate documentation who cannot prove they have been in the U.S. for more than two years can be deported without a hearing.
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"It's just a total disregard by the government for due process rights," activist Pedro Rios said.
On Truth Social last month, President Donald Trump said it was "not possible" to give everyone a trial.
Beyond the people who arrived within the last two years, expedited removal could apply to the nearly 1 million people who used the CBP One app to enter under the Biden administration. However, people are still entitled to an interview with an asylum officer.
Wietzel does not think this will help with the backlog of 4 million cases in immigration court but does think it will instill fear and stop people from showing up for court.
“There are people who are were arrested yesterday, who had no idea this was going to happen to them. They go home or their children go home from school, and they're not there anymore,” Wietzel said.