The LA Times has a story today about authorities seizing and deporting people in the middle of immigration cases–at the courthouse! What seems to be happening is this: A person immigrates to the U.S. illegally and is deported pursuant to a court order. So far, so good. Then the person reenters the U.S.–again illegally. At that point immigration authorities have two options: (1) they can reinstate the deportation order and remove the alien on their own; or (2) they can file a fresh charge and start a new case for deportation or other relief in court. If they go with the latter option, it seems pretty clear that they have to let the court do its business. In other words, immigration authorities can’t change their minds mid-way through a case and decide to go the quick and dirty route. But that’s apparently what they are doing, choosing to “reinstate” the previously issued deportation order because the court process is taking too long. And, in at least some cases, ICE agents have done the round-up at the downtown LA courthouse. The Times story doesn’t indicate the frequency with which this is happening, but it’s causing outrage nonetheless. Retired immigration judge Gilbert Gembacz said
immigration agents are “asserting power and authority they do not have” by arresting immigrants in the courthouse before proceedings are completed.
“They are acting in a way that demonstrates contempt toward the Immigration Court,” he said. “They are acting like immigration judges have no purpose.”
Strong words, but I tend to agree.
-NF
