Federal agents escalate arrests of illegal immigrants at courthouses after hearings for active cases

Immigration authorities with the US Department of Homeland Security have been making arrests of illegal immigrants after their immigration hearings in court. Such arrests have been described as an "escalation" in tactics by Democratic lawmakers.

The large-scale arrests in immigration court began in May, with ICE primarily targeting immigrants who had their asylum cases dismissed by a judge and/or who have been unlawfully present in the country for less than two years, which is grounds for expedited removal. ICE agents wait in the hallways for their targets to exit the courtroom, and then rush in and make apprehensions. Now, those who have active cases are also being detained at the courthouse. 

"Most aliens who illegally entered the United States within the past two years are subject to expedited removals," said Tricia McLaughlin, Department of Homeland Security Assistant Secretary, in a statement to USA Today. "ICE is now following the law and placing these illegal aliens in expedited removal, as they always should have been."

There was also a lawsuit filed on Wednesday in US District Court for the District of Columbia against the DHS and ICE claims that such arrests have stripped thousands of migrants of the rights afforded to them under immigration law and the US Constitution, the AP reported.

Vanessa Dojaquez-Torres, an attorney and counsel for the American Immigration Lawyers Association, said she encouraged her clients to opt for virtual hearings if granted by a judge, explaining that many immigrants have stopped showing up for their court dates out of fear of being deported by ICE, which places a larger target on their backs.

If an illegal immigrant fails to show up to their court hearing, an immigration judge will issue an order for them to be removed in absentia.

"These are people that are showing up for their court proceedings like the US government has asked them to, which is exactly what we want them to do," said Dojaquez-Torres. "They are simply wanting a fair chance to request whatever they're going to request, whether it's asylum or another form of relief. They're just wanting the opportunity to do that in court."

While asylum cases can still proceed while immigrants are in detention, the removal process moves much faster, she said.

The lawsuit represents 12 immigrants who have been arrested at court hearings after having their asylum cases dismissed by a judge. Tom Homan, President Trump's Border Czar, recently asserted that the majority of immigrants who claim asylum do not qualify under the nation's laws.

Homeland Security said that if a person has credible asylum claims, they can continue their immigration proceedings in detention. However, if the claim is found uncredible, they will be swiftly deported.

"They're seemingly just taking everyone," said New York City councilmember Alexa Aviles. "It feels like an utter escalation, a very violent one."