A lawsuit has been filed by New York organizations against the U.S. DHS, EOIR, and ICE for arrests of migrants attending court check-ins. The New York Civil Liberties Union, ACLU, and other groups represent local nonprofits in the case. Stop-delay tactics by ICE, which enable arrests post-hearing and dismissals without written motion, are deemed arbitrary and unfair. The lawsuit aims to address these issues under the Administrative Procedure Act, emphasizing court access for migrants amidst heightened enforcement following the Trump administration's policy changes.
The lawsuit seeks to reverse ICE's policies under the Administrative Procedure Act, a federal law that governs how agencies create and enforce regulations.
Several New York organizations are suing the U.S. Department of Homeland Security, the Executive Office of Immigration Review, and Immigration and Customs Enforcement (ICE) for repeatedly arresting migrants who show up to routine, mandatory check-ins at immigration courts.
ICE's courthouse policy, which has recently allowed officers to arrest people after their court hearings, and the Executive Office for Immigration Review's dismissal policy, are unfair and capricious.
The administration's tactics discourage people from attending court or from feeling safe in court, where folks are simply seeking to access the process that is accorded to them.
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