San Diego immigration attorney advises migrants to know their rights, consult legal support

ICE agents are detaining migrants outside courtrooms after dismissal of their cases.

SAN DIEGO — Immigration enforcement is ramping up in the hallways of courthouses, including in San Diego, where there have been reports of ICE agents detaining migrants after their hearings were dismissed.

“In downtown, outside of the courtrooms, there will be several ICE agents waiting for those cases that were dismissed,” Ian Seruelo, an immigration attorney and chair of San Diego Immigration Rights Consortium, said. “Once that person exits the courtroom, they arrest the person and place them in expedited removal.”

Seruelo urges immigrants in removal proceedings who have been in the U.S. for less than two years and have upcoming court hearings to consult with an attorney. He reminds individuals of their rights, including the right to remain silent and not to sign documents they don’t understand.

“Know your rights, be prepared, consult with an attorney,y and prepare your family for a possible outcome,” Seruelo said.

The attorney suggests that immigrants consider using Webex, a virtual court appearance option, or telephone hearings instead of appearing in person. However, those options must first be approved by a judge.

A senior Department of Homeland Security spokesperson shared a statement with CBS 8 that says:

“Secretary (Kristi) 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.”

These recent developments have left immigration attorneys struggling to navigate the changing landscape.

“Immigration attorneys like me, we are really in a state of confusion, we are trying to understand what’s happening and understand how we are able to help our community, our clients,” Seruelo said.

Seruelo advises against missing court hearings, as judges may issue deportation orders in absentia, requiring individuals to reopen their cases or file motions to remain in the country.

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