In a disturbing trend observed in San Diego’s federal immigration court, asylum seekers are facing expedited removal and detention after their hearings.
During a recent session, a man named Orlando spent his final hours of freedom in a courtroom tucked away on the second floor of the federal building.
Orlando had applied for asylum just a month before.
He spoke no English, could not afford a lawyer, and was desperate to avoid detention.
Yet, as he stood before the court, the sole attorney present, representing the Department of Homeland Security (DHS), informed the judge that it was no longer in the government’s best interest to pursue his asylum case.
Instead, the government wanted to transfer him to expedited removal proceedings, which meant that Immigration and Customs Enforcement (ICE) was preparing to arrest him.
In a heartbreaking moment, Orlando expressed his fear in court.
He pleaded for options, calling out his desire not to be deported.
Judge José Luis Peñalosa Jr. reassured him that he still had the chance to voice his fear while in detention.
“Please keep fighting for yourself,” the judge urged him.
With tears in his eyes, Orlando walked to the back of the courtroom to make one last phone call.
When he stepped outside, Orlando did something he was advised to do.
Head down, he made his way to the elevator, flanked by seven ICE agents waiting to execute his arrest.
He exited silently, accepting his fate without protest.
This troubling scenario has unfolded for over 60 individuals arrested in San Diego Immigration Court since May, highlighting the harsh reality asylum seekers face at federal courts.
The inner workings of federal immigration courts remain shrouded in secrecy.
Unlike other federal and state courts, there is no online database for public access to court filings.
There is no online list of specific cases scheduled for hearings, leaving many in the dark about ongoing proceedings.
A partial docket is displayed on a television in the immigration court check-in room, but it does not encompass the full range of cases.
From June 17 to June 24, Times of San Diego observed the courtroom and documented the arrests that transpired.
During that week alone, twelve individuals were taken into custody.
These arrests have surged across California as part of the heightened deportation campaign initiated by President Donald Trump.
The common narrative suggests that these arrests target individuals with criminal backgrounds.
However, the reality is more complex; arrests often follow the dismissal of an individual’s case.
The DHS attorney may cite a “change in enforcement priorities and policies” or conclude that pursuing the case is “no longer in the government’s best interest.”
Immigration attorney Wismick Saint-Jeans explains that this situation predominantly affects those who had entered the U.S. during the Biden administration under temporary parole status.
Under Trump’s administration, that parole status was terminated, leaving many individuals without legal standing.
When the DHS attorney opts for expedited removal, it effectively renders these individuals illegal, allowing ICE to detain them.
Historically, expedited removal was established in 1996, initially applied only at ports of entry.
In 2004, it was broadened, allowing undocumented individuals present in the U.S. for under two weeks and 100 miles from a land border to be fast-tracked for deportation.
However, under Trump’s recent executive order, the two-week requirement has now been expanded to include a two-year window, and the geographical restriction has been eliminated altogether.
In an official statement, DHS addressed the shift in policies, asserting, “Secretary Kristi Noem is reversing President Biden’s catch and release policy that allowed millions of unvetted illegal aliens to be let loose on American streets.
This Administration is once again implementing the rule of law.”
The plight of asylum seekers in San Diego’s immigration courts remains a contentious and evolving issue as policies continue to change and shape the legal landscape.
image source from：timesofsandiego
