Ismael Labrador, an attorney from Gallardo Law Firm, has sharply criticized the recent tactics employed by ICE in detaining migrants as they leave their court hearings, describing it as a "major violation of numerous rights." He urges those affected to seek legal counsel to explore their options, though he acknowledges that even with legal representation, avoiding detention is challenging due to ICE agents arriving with arrest warrants.
"We've experienced an exceptionally hectic week concerning immigration issues, similar to the past couple of months. Each day brings new developments that are creating very distressing situations for the immigrant community in the U.S., particularly for the Latino community, which is predominant here in South Florida: Cubans, Venezuelans, Nicaraguans," Labrador expressed during a live broadcast on Mario J. Pentón's social media. He appeared deeply concerned throughout.
He characterized the current situation as "a deeply troubling and uncertain time." Labrador elaborated, "What is happening is dangerous. Cases are being dismissed. Just 15 or 20 days ago, having an I-220A case dismissed and court removed was a joyous occasion, paving the way for the Cuban Adjustment Act." His remarks suggest that confusion is also prevalent among immigration attorneys.
Detention of Migrants with I-220A
Several migrants with I-220A, who have been in the U.S. for two or three years, were detained in Miami immigration court between Wednesday and Thursday, some of whom are Cuban. The Department of Homeland Security (DHS) moved to dismiss deportation cases, judges concurred, and once dismissed, ICE agents arrested the migrants as they exited the court.
"There are many alternatives to navigate this new wave of persecution," commented Labrador, although he pointed out the need to see how the government initially proceeds with these detained migrants. "We definitely know this is a terrible violation of rights, due process, and the right to a hearing and court representation," he concluded.
Legal Advice Amid Uncertainty
Antonio Ramos, an immigration attorney with an office in the same building where some arrests occurred, advised migrants with active cases to request virtual hearings. However, other lawyers have recently warned that if ICE plans to detain a migrant, the request for a virtual hearing will likely be denied.
Cuban Detainees in Miami
Several Cuban nationals were detained by ICE agents on Wednesday after attending routine hearings at the Miami immigration court, where they anticipated advancing their legal processes. The arrests, executed by plainclothes officers, took place in the courthouse corridors immediately after judges dismissed their cases. This operation also resulted in the apprehension of at least two others, one of Colombian descent.
Journalists from the Miami Herald witnessed ICE agents stationed for hours within the building, waiting for hearings to conclude before taking action. One of the arrested individuals was a Cuban man who appeared before Judge Rico Sogocio.
During his hearing, the judge advised him to request a parole document as part of his path to legal residency under the Cuban Adjustment Act, which allows residency after one year and a day in the country. The man explained he had already begun the process but only had an I-220A form, which is typically issued when crossing the border and is not valid for a "green card" application under this law.
Wider Strategy: Nationwide Arrests
These events in Miami are not isolated. Similar operations have been conducted in immigration courts across other cities, including New York, Las Vegas, Phoenix, and Los Angeles. Although courthouse arrests are not new, they traditionally targeted individuals with criminal backgrounds. This new wave marks a concerning shift: people with open legal cases and no criminal records are being detained.
In all Miami cases that Wednesday, the DHS requested that immigration judges dismiss deportation cases. This allowed the arrested individuals to be subject to expedited deportations, a process that doesn't require a judge's intervention. "All of this is to accelerate detentions and expedite deportations," said immigration attorney Wilfredo Allen, who has represented migrants in Miami courts for decades.
New Directive: Deportations Without Hearings
This new practice stems from a memorandum issued by the DHS in January, instructing agents to consider expedited deportations for individuals with less than two years in the country. "Take all necessary steps to review the alien's case and consider, in exercising discretion, applying expedited deportation. This may include terminating pending processes," the document states.
This measure, combined with a recent decision by the agency overseeing immigration appeals, allows for the mandatory detention of newcomers, even those entering under humanitarian programs like humanitarian parole.
Key Questions About ICE Detentions
Why are migrants being detained after court hearings?
ICE has been detaining migrants post-court hearings due to a strategy where deportation cases are dismissed, allowing immediate detentions for expedited deportations.
What legal advice is available for those affected?
It is recommended that affected individuals seek legal counsel to explore their options, including requesting virtual hearings. However, if ICE intends to detain someone, virtual hearing requests might be denied.
What is the significance of the I-220A form?
The I-220A form is typically issued when crossing the border but is not valid for applying for a green card under the Cuban Adjustment Act, complicating the legal status of migrants relying on it.