ICE arrests escalate in NYC immigration court amid AG Letitia James' efforts to halt indefinite detentions

In a significant move, New York Attorney General Letitia James is teaming up with 19 other attorneys to file an amicus brief opposing the Department of Homeland Security's (DHS) intent to circumvent due process by indefinitely detaining immigrants.

The amicus brief, filed in response to a recent ICE arrest in immigration court where a father was violently ripped from the arms of his wife and three children, argues that the DHS proposal threatens our nation's families, communities, and values. It contends that the new policy aims to erase due process protections and deny people their most basic constitutional rights.

Under these new rules, immigrants facing the deportation process would not be permitted to have a bond hearing or have the opportunity to receive a conditional release as their case pends. This, according to the brief, could lead to a significant increase in trauma for the affected families, particularly children.

Research cited in the brief points to studies showing that the detention of a parent significantly increases the risk of depression, anxiety, and post-traumatic stress disorder in children. The brief also highlights that the detention of a parent deepens economic instability for entire households.

The amicus brief further argues that the DHS proposal violates federal statutes and harms families and communities. It states that the proposal could make the apprehensions worse with a new DHS policy that attempts to hold immigrants in federal custody indefinitely.

Last week, ICE ramped up its arrests at Lower Manhattan immigration court, with ICE agents taking people into custody at 26 Federal Plaza on Wednesday, one after another, well into the afternoon. Reports of the arrests described a woman being grabbed by the wrist and pulled away, and a man being wrestled out of a courtroom.

The number of people detained by the Feds in Lower Manhattan over the past several weeks has dramatically decreased, with some days going by without a single arrest. However, the brief warns that the decrease could be temporary, with the new policy potentially leading to an increase in arrests and detentions.

James called the new DHS policy an attempt to erase due process and the rule of law. She is urging the court to strike down the policy, stating that it would have a detrimental impact on the lives of countless families and communities across the United States.

According to the brief, over four million children live with at least one undocumented family member in the U.S. The potential impact of the DHS policy on these children cannot be overstated, with the children left traumatized following the arrests.

As the legal battle against the DHS policy unfolds, it remains to be seen how the court will rule. However, one thing is clear: the fight for due process and the rule of law is far from over.

ICE arrests escalate in NYC immigration court amid AG Letitia James' efforts to halt indefinite detentions