The CA law prohibits immigration arrests in the courts. It doesn’t stop ice

From Nickel duraCalmness

This story was originally published by CalmattersS Register about their ballots.

Jennifer does not say that her brother is a saint. Far from that. He was convicted of domestic violence last year and entered a one -year intervention program. He graduated from July 23 in the courtroom of Freshno County, where a judge told him that he had done a good job.

Minutes later, as they were leaving the Court of Justice, five men and a woman in ordinary clothes approached him.

“Someone approached him, entered his face and said his name,” said Jennifer, who did not want Calfatters to use her surname because he was concerned about immigration agents aimed at other relatives. “And they caught him and I tried to get between them.”

Her brother, who is without documents, did not provide them with identification.

“They pushed him into this car, which was ordinary, beaten a van,” Jennifer said. “Then one of them asked if they should wait for the” other person “, and a different person said” we are good with this one, “as he was just part of their quota that day.”

Her brother is already in Mexico again.

Social media are covered by videos of federal agents who make arrests of hearing from the Immigration Court of Federal Property in Federal Courts.

What is different in the detention of Jennifer’s brother is that he consisted on the basis of the State Judicial Court. Local media reported at least two dozen other people on the basis of buildings in California Stanislav., Glen., Los Angeles and Freshno Counts, and NPR reports Federal detainees of immigration in the state courts across the country, from the suburbs of Chicago to a district south of Boston.

During the Trump last administration, the California Democrats were so concerned that ice arrested in the Supreme Court buildings and potentially discouraging witnesses to testify that they adopted a law to prohibit this type of performanceS

Choosing people at the Court of Justice may have a “potential freezing effect” on witnesses, victims and even suspects who are afraid to show themselves to the court, the California Supreme Court of the Supreme Court of Patricia Gerero He said earlier this summer.

“Making court vessels the focus of the implementation of immigration interferes, instead of helping, the administration of justice by deterrents and victims to go forward and discourage people to uphold their rights,” Gerero said.

Waiting outside the courtroom, immigration agents seem to comply with the California law, although it is not clear whether the word “courtroom” in the law includes grounds outside the Courthouse. The service of the Prosecutor General Rob Bont Bont would not provide what a speaker called a “legal analysis” of these actions when Calmatters asked about them.

But at least one claim for implementation of immigration was a clear violation of state legislation.

In the BUT County, immigration agents conducted an operation at the Oovil City Court in the county on July 28. The State Law prohibits civil arrests “in the Court of Justice while attending court proceedings or the implementation of legal business in the Court of Justice.”

“To the extent that the court is aware, ICE did not carry out enforcement action in one of its judges before Monday, July 28,” said the Executive Director of the Supreme Court of the Boat Sharif Elmalah County.

“The court is concerned with the potential freezing effect and other potential adverse effects on participation in the legal system that may occur due to those actions of implementation that take place in and around the courts.”

As account Governor Gavin Newsom has signed Saturday, designed to protect agents for immigration outside schools and hospitals, it is not clear what the law enforcement agencies in California can do to impose the law banning immigration agents from arriving in the courts.

The State Department of Justice Guide to the State Courts Provides a certain width of agents to apply immigration. They may arrest the courtroom if the case involves a threat to national security, someone’s life is in danger, the evidence is in danger or the agents are in “hot pursuit”.

All this, according to the California Act, immigration agents can enter the Court of Justice to hold on to someone whom they believe poses a public safety danger if they cannot find an alternative place and they have the approval of a federal head of immigration.

Ice defends the court arrests

Jennifer believes that immigration agents managed their brother’s name through their own database when it was published in the public package of the Judicial Court of the Supreme Court of the Freshno County, and then waited to appear.

Responding to questions from Calmatters, US immigration and customs implementing organizations answered a quote in July by a spokesman for the Ministry of Homeland Security, which upholds the agency’s right to arrest the Legislace where you find them. The spokesman also said the arrests were more forthcoming to immigration agents, as people who arrested had passed through security.

The policies of the court arrest have split through democratic and republican administrations.

The Obama Administration in 2011 Certain schools, hospitals and religious buildings As “sensitive places” where immigration agents need work permission. At that time, ICE was said that the list of sensitive places was longer than these three locations and called on agents to obtain permission from higher ones before making arrests in any organization that assisted “victims of a crime”.

Trump canceled this policy in 2018 with a directive that instructed ICE agents to arrange in state and local courts. They continued to do it, Even in CaliforniaS In 2021, the Biden Administration turned this guide toPutting the courts mainly outside the borders. In May, Wired announced that the new Trump administration went even further than its 2018 directive, Explicit removal of instructions agents that they should comply with local laws that would prevent them from arresting people.

Do immigrants avoid court?

Jennifer said the word had already come out of the immigrant community in Freen to stop visiting the court. Family members even tried to prevent her brother from appearing on the day he was detained.

“Overall, people just avoid going to the Court of Justice, even after meeting groups that inform them that there are consequences for not showing them,” says Nora Saragoza-Janes, manager of The Valley Watch Network, immigrant rights group.

A spokesman for the Supreme Court of Freshno County stated that the court did not see a change in the number of seeming people, but noted that in a district of 1 million people similar changes among a relatively small population would be difficult to notice.

The State Department of Justice said it was aware of the court arrests. As a former member of the Bontian Assembly, now the State Prosecutor General, was a co -author of the law, which aimed to determine the implementation of immigration in the California vessels.

“We are very concerned about the actions of the Trump administration, which make our communities less safe by deterrying victims or witnesses of waiting for fear of being caught in the mass deporter of the president,” says the California Department of Justice in an unsigned statement.

This article was Originally Published on CalMatters and was reissued under Creative Commons Attribution-Noncommercial-Noderivatives License.