Kimberly Hutchison, Partner at Singleton Schreiber in San Diego, was recently featured by The San Diego Union Tribune in their article, "San Diego Lawsuit Aims to Prohibit ICE Arrests Outside Immigration Courtrooms." which was published on September 12th and details a new federal class-action lawsuit filed by Ms. Hutchison on behalf of asylum seekers who were detained by Immigration and Customs Enforcement (ICE) agents at San Diego's immigration court.
The class action lawsuit challenges a recent policy shift for expedited removals that allows these arrests, arguing that it violates individuals' due process rights. Ms. Hutchison noted that the plaintiffs, who have no criminal records, are a clear example of the legal process being delegitimized.
"We say that reversal of those written policies is what in the legal world we call ‘arbitrary and capricious.’ Which basically means that it’s not well reasoned, that it’s not based on facts."
The lawsuit asks a federal judge to declare the courthouse arrests unlawful and vacate the new guidance.