In a significant incident in Portland, Oregon, an asylum seeker from Mexico was detained by federal Immigration and Customs Enforcement (ICE) agents shortly after attending a courtroom hearing on Monday.
According to the individual’s attorneys, this marks the first known ICE courthouse arrest in Portland, a development reflective of a nationwide trend that has drawn considerable attention from media outlets such as CNN, USA Today, and The Seattle Times.
The asylum seeker, a 24-year-old transgender woman known by the pseudonym “O-J-M,” fled to the United States in September 2023 after facing violence from a cartel related to her gender identity and sexual orientation.
During her asylum hearing, attorneys for O-J-M reported that ICE lawyers sought to have her case dismissed. Upon leaving the courtroom, she was apprehended by ICE agents.
Attorney Jordan Cunnings, who represents O-J-M, condemned the arrest, stating, “This is a dangerous attempt by ICE to circumvent due process, speed up deportations, and eviscerate the right to asylum.”
Cunnings further emphasized that such actions reflect unethical behavior that contradicts the values of inclusivity and welcome that Oregonians hold dear.
O-J-M’s legal team insists that she had correctly filed her asylum application prior to her arrest.
However, ICE is reportedly seeking to subject her to expedited removal, a process characterized by minimal protections for individuals facing deportation.
Cunnings voiced strong objections to these courthouse arrests, asserting that they undermine the integrity of the legal system and the rule of law.
“We ask immigrants and refugees who are fleeing violence to abide by an asylum process. Detaining them for showing up to court is heartbreaking and harmful to our justice system,” he added.
The concerns surrounding O-J-M’s detention extend beyond the legality of her arrest; advocates are also highlighting potential risks related to her treatment in detention facilities.
Under directives from the Trump administration, transgender women may be held in facilities designated for men, heightening fears for their safety.
Reyna Lopez, speaking for the organization Oregon for All, stated, “No one, including transgender women, should be incarcerated in unsafe detention facilities where their lives are at risk.”
Lopez expressed that transgender individuals contribute to the richness of Oregon’s diversity and therefore deserve dignity and respect akin to every other resident of the state.
In a response to inquiries regarding ICE’s operations in courthouses, the U.S. Department of Homeland Security issued a statement asserting the administration’s commitment to reversing policies from the previous administration that permitted releases of individuals into the community without proper vetting.
The statement claimed, “Most aliens who illegally entered the United States within the past two years are subject to expedited removals, as they always should have been.”
It continued by asserting that, should asylum seekers substantiate valid credible fear claims, they would continue through immigration proceedings; otherwise, they would face swift deportation.
While ICE officials have articulated the agency’s current enforcement policies under the interim internal guidance, they have refrained from providing specific memoranda associated with these directives.
This allows for enforcement actions to occur “in or near” courthouses based on the belief that targeted individuals may be present.
During Trump’s administration, similar issues regarding ICE courthouse arrests emerged, including an incident in Astoria where agents used pepper spray to disperse individuals protesting against an arrest.
In light of these repeated concerns, Oregon’s chief justice has previously instituted a directive to prohibit civil arrests in state courthouses absent judicial arrest warrants.
As this unprecedented arrest continues to spark debates over the rights of asylum seekers and the role of immigration enforcement, advocates remain vigilant in their push for fair treatment and adherence to due process.
The incident raises critical questions about the treatment of vulnerable individuals within the justice system, shedding light on the complex intersection of immigration and civil rights.
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