Former immigration judges alarmed by ICE detentions at Bay Area courts

A recent wave of detentions by Immigration and Customs Enforcement (ICE) agents at Bay Area immigration courts is sparking concern among former immigration judges, who warn the practice could undermine the integrity of the immigration court system and instill fear in vulnerable communities

Over the past week, at least eight individuals were detained by ICE after attending immigration hearings in San Francisco and Concord, according to eyewitness accounts, immigration attorneys, and activists. The scenes, some captured by NBC Bay Area cameras, show individuals being handcuffed and placed in unmarked vehicles.

Among those voicing concern are two retired immigration judges, James Fujimoto and Carol King, who each spent decades on the bench. Both say they are witnessing a disturbing shift in how immigration laws are enforced.

“We absolutely should worry about it,” said Fujimoto, who served 29 years as an immigration judge in the Chicago area. “It was generally accepted that ICE officers would not be present in court unless they were testifying. That has clearly changed.”

Fujimoto attributes the new approach to a loosening of restrictions under ICE’s current leadership, which he believes is working to bypass the court system by invoking expedited removal — a legal process that allows for swift deportation without a judge’s review.

Carol King, who was a San Francisco immigration judge between 1995 and 2017, said she’s “embarrassed” by the practice. “We’re supposed to be a beacon of due process and fairness and justice throughout the world, and this doesn’t comport with that at all.”

According to ICE, most non-citizens who entered the U.S. illegally in the past two years are subject to expedited removal. In a prepared statement, the agency said in part, “Secretary Noem is reversing Biden’s catch and release policy that allowed millions of unvetted illegal aliens to be let loose on American streets. This Administration is once again implementing the rule of law. Most aliens who illegally entered the United States within the past two years are subject to expedited removals. Biden ignored this legal fact and chose to release millions of illegal aliens, including violent criminals, into the country with a notice to appear before an immigration judge. ICE is now following the law and placing these illegal aliens in expedited removal, as they always should have been.  

If they have a valid credible fear claim, they will continue in immigration proceedings, but if no valid claim is found, aliens will be subject to a swift deportation”

But the retired judges argue that expedited removal has historically been used only for individuals apprehended near the border, not those appearing voluntarily for court hearings in cities like San Francisco.

“They’ve expanded both the distance and the time to which they’re applying expedited removal,” said King. “It’s casting a much bigger net.”

One such case is that of Anyelo Ordaz. His wife Shaylyn Ordaz says he was detained by ICE outside San Francisco’s immigration court last week. She described the moment agents approached them: “They grabbed him. One of them grabbed me, and they pulled us apart. I heard the handcuffs, and my husband is not a criminal. That just kills me.”

According to Ordaz, Anyelo had been in the U.S. for about a year and a half and had a pending immigration case. She said ICE requested the case be dismissed, but the judge refused. Now, Anyelo faces a difficult choice: accept deportation under expedited removal or fight his case from inside a detention center.

This tactic, Fujimoto explained, appears to be part of a larger strategy. “It’s a very well-organized effort at attacking the immigrant population on all fronts,” he said.

He added that while individuals with pending asylum cases cannot be deported unless ordered by a judge, ICE can still detain them during the legal process. Both judges noted that ICE attorneys are increasingly asking judges to dismiss cases, which would clear the path for expedited removal.

King, who began practicing immigration law in the 1980s, recalled a time when only around 100 people were in immigration detention centers nationwide. Today, she said, those facilities are reportedly near capacity, with over 47,000 detainees, at taxpayers’ expense.

“There’s a real risk that people will stop coming to court if they fear being arrested,” she warned. “And that erodes the very foundation of our legal system.”

Fujimoto noted that immigrants can request to attend their hearings remotely via video call, such as Zoom, but approval is at the judge’s discretion.

When asked about a possible solution to stop ICE’s presence in courts, King said it might come down to more litigation—individuals filing lawsuits to get the courts to stand up for respondents and provide a safe place while they defend their case before a judge.