Singleton Schreiber filed a class action lawsuit last week seeking to stop Immigration and Customs Enforcement (ICE) from arresting asylum seekers at immigration court. Civil rights attorney Kimberly Hutchison argues that such arrests violate due process and undermine the legal system. The lawsuit, filed on behalf of two asylum seekers without criminal records who consistently attended court, claims that courthouse arrests are unconstitutional and traumatizing. The defined class includes asylum seekers with no criminal history who are not considered flight or safety risks.
The lawsuit responds to a policy shift under the Trump administration, which suspended a 2021 Biden-era DHS memo that had prohibited arrests in courthouses to protect access to justice. ICE resumed courthouse arrests in San Diego on May 22 as part of a broader strategy to accelerate deportations through expedited removal. Immigration attorneys report that ICE now arrests around 10 people daily at the San Diego courthouse. ICE has not commented on the lawsuit.
