On Wednesday, several Cuban nationals were taken into custody by ICE agents following their appearances at routine immigration court hearings in downtown Miami. These individuals were hopeful of progressing in their legal proceedings when the arrests occurred. Plainclothes officers conducted the detentions in the court's hallways immediately after judges dismissed their cases. This operation also led to the capture of at least two other individuals, including someone of Colombian descent.
Journalists from the Miami Herald witnessed agents waiting inside the building for hours, ready to act as soon as the hearings concluded.
From Hope to Detention: The First Cuban Case
One of the detainees was a Cuban man who appeared before Judge Rico Sogocio. During the hearing, the judge advised him to apply for a parole document as part of his journey toward legal residency, relying on the Cuban Adjustment Act, which allows individuals to apply for residency after one year and one day in the United States.
The man mentioned he had already started the process but only had a Form I-220A, typically issued upon crossing the border, which does not qualify for a "green card" application under the Act. Upon exiting the courtroom with his wife and daughter, several ICE agents approached and informed him of his detention.
His wife and daughter, who requested anonymity, told the media that the man required medication for diabetes and was still amid immigration proceedings. "He is not illegal. I want to understand," his visibly distressed daughter expressed. An officer promised to call her by the end of the day to provide information, while another stated that the detainee would be processed at ICE offices in Miramar.
A Broader Strategy: Nationwide Arrests
These incidents in Miami are not isolated. The Miami Herald confirmed that these arrests are part of similar operations conducted at immigration courts in cities like New York, Las Vegas, Phoenix, and Los Angeles. While detentions in courts are not new, they traditionally targeted individuals with criminal records. This new wave represents a worrying shift: individuals with pending legal processes and no criminal background are being detained.
In all Miami cases from that Wednesday, the Department of Homeland Security (DHS) requested immigration judges to dismiss deportation cases. "An immigration judge reviewed DHS's motion to dismiss proceedings and agreed it was appropriate in these cases," an ICE spokesperson stated. This allowed the arrested to be immediately subjected to expedited deportations — a process that doesn't require a judge's intervention.
"An arrest is justified if there is a final removal order," the spokesperson added. "All foreign nationals who violate U.S. immigration law may be subject to arrest, detention, and, if there's a final removal order, removal from the country," they concluded.
Voices of Criticism: "A Betrayal of Due Process"
Reactions to these arrests were swift. "All of this is to accelerate detentions and expedite deportations," said immigration attorney Wilfredo Allen, who has represented migrants in Miami court for decades, as quoted by Local 10. Kelli Stump, president of the American Immigration Lawyers Association, described the operations as "a blatant betrayal of basic fairness and due process," according to the Herald.
"This corrupts our immigration courts, transforming them from forums of justice into cogs of a mass deportation machine," she added. Noted Miami immigration attorney Ira Kurzban went further: "They are not a flight risk nor a public threat. They are merely being subjected to mandatory detention nationwide, not just here, to force them to give up their rights and self-deport or to keep them detained, which fulfills the administration's desire to fill all those detention centers."
Legal Advice and Prevention
Antonio Ramos, an immigration attorney with an office in the same building as the court, advises migrants with active processes to request virtual hearings. "However, agents already know exactly who they will detain and have arrest warrants in hand," he explained. He also noted that the operations are led by special groups, including personnel from agencies like the FBI and the U.S. Marshals Service.
The Uncertainty as Policy
The scenes witnessed at the Miami court on Wednesday depict not only a more aggressive immigration crackdown but also a legal system that, rather than providing protection, turns into a trap. The cases of the detained Cubans—adding to an unclear number of detentions made that Wednesday—reflect a troubling pattern where justice spaces are used to facilitate immediate detentions and deportations.
Key Questions on Immigration Court Arrests
What led to the arrests of Cuban nationals at the Miami immigration court?
The arrests were part of a broader operation by ICE agents targeting individuals whose cases were dismissed by immigration judges, even those without criminal records.
How are expedited deportations being used in these cases?
Expedited deportations allow for immediate removal from the U.S. without the need for a judge's intervention, used here once DHS motions to dismiss cases are granted.
What criticisms have been raised regarding these ICE operations?
Critics argue these operations undermine due process and turn immigration courts into mechanisms for mass deportations, harming individuals with ongoing legal processes and no criminal background.