In a scathing opinion released Thursday, Judge Dale E. Ho wrote that ICE arrests in immigration court had turned the procedure into “detention roulette.”
“Mr. Lopez Benitez appears to be far from alone,” Ho wrote. “His counsel assert that his treatment is part of a ‘nationwide campaign,’ as set forth in an ICE internal memo that has been described in various media reports, which suggests that millions could be swept up in the same way.”
Ho noted that while the government could not confirm or deny the existence of that policy, they “appear to maintain that they must categorically detain all undocumented immigrants who they believe have entered the United States unlawfully—no matter how long they have been residing in the country since.”
Lopez Benitez’s case may be the new normal in Trump’s America, but it is far from the historical standard. Immigration authorities used to stay away from courthouses, fearing that their presence could disengage people from following procedure and navigating the legal system. But White House deputy Chief of Staff Stephen Miller’s agenda has effectively unrooted that, tasking federal agents with arresting 3,000 undocumented immigrants per day—a quota so astronomical that it has forced the agency to find unconventional subjects of detention that include legal residents and even U.S. citizens.
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