ICE formalizes plans for courthouse arrests

Immigration and Customs Enforcement is laying out guidelines for detaining undocumented immigrants at local courthouses. While ICE has had a longstanding practice of hitting up courthouses, they say now that local jurisdictions won’t cooperate with transferring undocumented inmates, they’re forced to show up at court.

“It’s very accurate to suspect that this is in retribution to sanctuary cities and states, that the government will be doing as much as they can to pursue people who they want to detain and deport,” said immigration attorney Blanca Zarazua.

The new guidelines are posted on ICE’s website.

-Immigration officers will target specific people with criminal convictions, gang members, those who pose national security threats or threats to public safety and those who have been ordered to leave.

-Officers will generally avoid family court and small claims court unless given approval from a field duty officer -Witnesses and victims won’t be taken into custody -Friends and family of the specific target wouldn’t be detained, with exceptions

“Even if that is the official policy, we have seen people who do not respect the official policy which is basically abuse of authority and nobody can guarantee against that,” Zarazua said.

Zarazua said if an undocumented immigrant needs to go to court, to find someone with status to go in their stead, “so the court doesn’t get the impression that they’re not compliant.” She also recommends witnesses and victims ask the District Attorney’s Office to escort them to court.

The Monterey County District Attorney’s Office sees the guidelines as “progress,” now that witnesses and victims are supposed to be left alone. That mirrors the opinion of the California Chief Supreme Court Justice. But they have their own concerns.

“Number one, we’re worried defendants may not come to court now, for fear of being arrested at a courthouse,” said Chief Assistant District Attorney Berkley Brannon. “And 2, it means the defendant wouldn’t be held accountable on the case that’s in court, because when ICE arrests somebody, they take them, and if the judge orders it in federal court, they’re deported. And these cases won’t be completed therefore.”

Courthouse sweeps have happened in Monterey County. Last May, Jose Raul Fregoso was taken into custody as he was going to a court hearing in Salinas. He had a criminal history, including DUI and resisting an officer. We checked in with ICE for an update on his removal hearing and haven’t heard back.

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Federal immigration authorities have formalized the practice of sending deportation agents to federal, state and local courthouses to make arrests, dismissing complaints from judges and advocacy that it instills fear among crime victims, witnesses and family members.

Wednesday’s directive from U.S. Immigration and Customs Enforcement said it will enter courthouses only to capture specific targets, like convicted criminals, gang members, public safety threats and immigrants who have been previously deported or ordered to leave. Family, friends and witnesses won’t be picked up for deportation but ICE leaves a caveat for “special circumstances.”

The policy, signed by ICE acting director Thomas Homan, says immigration agents should generally avoid arrests in non-criminal areas of the court, like family court and small claims, unless it has supervisor approval.

KION’s Mariana Hicks speaks with an immigration attorney and will have more on how ICE’s actions could affect the Monterey County District Attorney’s Office.