Lawmakers and attorneys oppose ICE courthouse arrests, calling them a violation of due process rights.

As U.S. Immigration and Customs Enforcement (ICE) agents continue to arrest immigrants leaving their hearings at New York City’s courts, officials and advocates are increasingly voicing concerns about what they describe as a severe infringement on due process rights. These incidents are occurring in close proximity to the Fourth of July holiday, intensifying scrutiny around the current administration’s immigration enforcement practices.

Democratic lawmakers recently gathered on the 12th floor of 26 Federal Plaza to observe asylum seekers undergoing hearings. They witnessed multiple arrests of these individuals immediately after they had exited the courtrooms. Elected officials, including Assembly Member Grace Lee, expressed alarm at the scenes unfolding before them. Many of the affected families, including children and couples, reportedly arrived at court experiencing significant fear and anxiety, despite holding what they believed to be legitimate asylum claims backed by credible evidence of peril in their home countries.

While some hearings were rescheduled due to the absence of language interpreters, subsequent arrests occurred as the asylum seekers left the courts. In one observed incident, as Lee escorted two West African migrants outside, a plainclothes officer grabbed one of them, forcibly leading him down a hallway. According to reports, another asylum seeker was similarly accosted by masked agents. Witnesses described emotional scenes, including one migrant reportedly weeping as he was taken away.

Critics are labeling these court arrests as unconstitutional, with advocates like Council Member Julie Won asserting that the courts are effectively operating as traps. She lamented the absence of proper translation services for those needing them during hearings, further complicating their situations. Since the crackdown on courthouse arrests began in late May, the Department of Homeland Security (DHS) has been found to dismiss asylum seekers’ cases while they navigate the legal system, leading to expedited removals.

Advocates have raised broader concerns about due process violations throughout these events. City Comptroller Brad Lander remarked that the immigration hearing process had already become a “travesty of justice.” Reports indicate that federal agents are now arresting immigrants regardless of their legal status or whether their court cases have been adjudicated.

High-profile cases have emerged, such as that of 20-year-old Joselyn Chipantiza-Sisalema, who was detained after her court appearance despite having been granted another hearing date by a judge. Family members and advocates have since expressed outrage over her detention, highlighting that she faces threats to her safety should she be deported back to Ecuador.

Legal representatives have filed petitions for release on behalf of detained individuals, arguing that these detentions are unlawful and violate due process rights. As these legal battles unfold, detainees face the grim reality of fighting their cases under restrictive conditions, often far removed from their families and lacking access to adequate legal representation.

This mounting crisis has prompted calls from New York lawmakers and advocates for substantial changes to current immigration enforcement practices. Advocates are urging both state and federal governments to ensure that all individuals detained under these circumstances are treated justly and reunited with their families. With calls for both accountability and reform growing louder, the situation at New York immigration courts continues to evoke significant public discourse regarding the rights of immigrants in the United States.