Kansas City protesters decry ICE targeting undocumented immigrants who appear in court
Published in News & Features
KANSAS CITY, Mo. — Holding signs such as “No ICE in Court,” and “Protect Due Process,” some 50 to 60 protesters gathered in Kansas City Tuesday afternoon to protest a legal tactic — but one that they insist is inherently deceptive — being used by Department of Homeland Security attorneys to deport immigrants who show up for scheduled court hearings.
“ICE was actually arresting people inside the courts last week — across the country and also here in Kansas City,” said Karla Jaurez, the executive director in Kansas City Advocates for Immigrant Rights and Reconciliation (AIRR). “We want to be watching and letting the community know that that is happening.”
The protest against the DHS and ICE (Immigration and Customs Enforcement) was held in Washington Square Park across from where Kansas City Immigration Court is held, on the fifth floor of 2345 Grand Blvd..
Kansas City immigration attorney Michael Sharma-Crawford explained that if an individual who is undocumented enters the United States and is arrested by ICE within two years, DHS attorneys holds that the law allows them to dismiss that individual’s case and have the individual deported by ICE without a hearing — a process known as expedited removal.
“What happens is, and what the concern is,” Sharma-Crawford said, “is you have a pro se litigant (individual representing themselves) who is sitting in court. The government’s attorney makes an oral motion to dismiss. And the litigant probably doesn’t know what the hell is going on. ‘Dismiss? Sounds good.’ The judge then goes, ‘OK, I’m going to grant it.’
“And as soon as they do, the person is no longer in removal proceedings.” In other words, their day in court is over.
“They walk about the door and ICE arrests them,” Sharma-Crawford said. He said an unknown number of individuals ,but at least two, were arrested outside Kansas City’s Immigration Court, and put in custody, last week.
On Tuesday morning, immigrant advocates showed up in the lobby of the immigration court building to pass out fliers offering advice to those appearing in court, except the court’s master docket that day had been canceled.
The advice is printed on the fliers in both English and Spanish:
“If you do not have a lawyer and DHS tries to dismiss your case at your hearing, this may not be a good thing and attorneys strongly advice preserving your rights by doing the following:”
The list included:
Ask the court to order DHS to put the motion in writing and give you 10 days to respond after they file the motion.
— If the court does not order DHS to make the motion in writing, ask the court to give you at least 10 days to respond to the motion so you can consult an attorney.
— If the judge denies all these things and misses the case, tell the judge you want to reserve appeal.
Outside the court on Tuesday afternoon, Aracely Mendoza, originally from Mexico, but now a U.S. citizen living in Kansas City, held a cardboard sign. “Stop Illegal Deportations.”
“I’m here to protest against ICE being in court. I’m here to support my people,” she said. “I’ve seen a lot of people affected. People come here to make a better future for themselves. They come here, they get deported. They get divided. Families are being separated. That’s not right.”
The Department of Homeland Security, however, argues it is right. In January, then-Acting Secretary Benjamine Huffman, distributed a memo that “designated for expedited removal the following categories of aliens not currently designated.”
It included:
— Aliens who did not arrive by sea, who are apprehended anywhere in the United States more than 100 air miles from a U.S. international land border, and who have been continuously present in the United States for less than two years.
— (A)liens who did not arrive by sea, who are apprehended within 100 air miles from a U.S. international land border, and who have been continuously present in the United States for at least 14 days but for less than two years.
“Yes, it’s immigration court,” Jaurez said, “but this was not a common practice for the case to be dismissed and for ICE officials to be taking families, taking people right then and there. We’re preventing due process violations. Everybody deserves their day in court.”
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