DHS “witness” to testify Monday about decision making process leading to courthouse arrests
SAN DIEGO — A federal judge has ordered the Department of Homeland Security to testify under oath on Monday, June 23 in a civil case filed on behalf of an immigrant who was arrested by ICE agents inside the San Diego courthouse.
Agents arrested the 34-year-old immigrant from Western Sahara, an occupied territory in Morocco, on June 3 as he appeared for his “final asylum merits hearing” at the Edward J. Schwartz Federal Building in downtown San Diego, according to a lawsuit filed by his attorney, Emily Howe.
The detainee, identified as A.M. in court papers, is currently in custody at the Otay Mesa Detention Center.
In a minute order issued Wednesday, Judge Jinsook Ohta indicated she wants “a witness from DHS” to take the stand and testify about the decision to terminate A.M.’s proceedings and detain him.
The judge also wants to know how many people have been arrested in the court’s hallways, and called for testimony about “the decision-making process… including which cases they select for review and the criteria used in determining whether they will pursue this course of action for a particular case.”
The lawsuit seeks “a Preliminary Injunction to prevent future unlawful arrests” and eventual class-action status that would “enjoin the Department of Homeland Security and its sub-agencies in making a civil immigration arrest of any individual appearing at or about the courthouses and federal buildings.”
Judge Ohta also issued an order to produce A.M. for the June 23, 2025, hearing at 10:30 a.m. in Courtroom 4C. The preliminary injunction hearing is set for July 2.
In a memo dated May 27, 2025, Acting ICE Director Todd Lyons wrote that, “ICE officers or agents may conduct civil immigration enforcement actions in or near courthouses “ and that the arrests should be conducted “discreetly to minimize their impact on court proceedings.”
In recent weeks, community-activist volunteers have staked out the fourth floor of the Edward J. Schwartz Federal Building, recording video of ICE agents arresting immigrants in the hallway as they exit their court hearings.
The government’s strategy has been to dismiss ongoing immigration cases against asylum seekers, making them eligible for expedited removal. The videos show agents handcuffing immigrants and leading them into an elevator to be transported to the Otay Mesa Detention Center.
Immigration attorneys have complained about lack of access to their clients following the courthouse arrests, including attorney Howe: “Plaintiff A.M. is informed and believes he has not been able to access counsel or speak with counsel in any meaningful fashion since his arbitrary detention on or about June 3, 2025,” the lawsuit states.
DHS emailed CBS 8 the following statement responding generally to courthouse immigration arrests:
“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.”
