Immigration and Detention Witness

by Xavier Miranda

I spent the morning of Friday, June 20,  at the U. S. Courthouse in downtown El Paso, TX observing the Immigration Court proceedings. 

The presiding Federal Judge and the attorney representing the Department of Homeland Security “zoomed” in to conduct hybrid hearings, wherein immigrants dutifully fulfilled legal requirements and reported in person to Immigration Court. 

A cadre of nine immigrants were escorted by the judge’s clerk into a 20’ x 20’ courtroom. They were seated before a 60” monitor, of which a grainy image of the judge and  screen inserts of the DHS attorney and translator were the focal point. 

The judge’s clerk was seated at the rear of the room, surrounded by her desktop and printer. Myself and another observer seated behind the respondents, just to the left of the clerk. 

After having verified names and identification numbers, the judge proceeded to acknowledge the DHS attorney and informed the respondents of their rights and legal options. Throughout the process, the judge paused to allow the translator to convey statements and instructions to the respondents. 

Once called on, the DHS attorney informed the judge that the government no longer had interest in pursuing legal actions against seven of the nine respondents. The judge announced that their respective case was dismissed, but that they had a right to decline appeal their case. 

Additionally, the judge cited immigration statutes, and that ICE agents were likely to be on the 1st floor of the Courthouse with intentions to detain respondents as they exited the building. The judge then asked respondents if they understood what he stated. All collectively said yes and the hearings proceeded on an individual basis.

All six respondents declined their individual case dismissal and requested an appeal. This prompted the judge to assign a date in July for respondents to present their appeal before another judge. 

Once each case was processed, the judge informed respondents they were free to leave once his clerk gave them their orders for the next hearing. 

Among the nine respondents was a couple who brought their three children to the hearing. The children, ages 8, 10, and 11, were instructed to remain in the waiting area outside the courtroom until their parents were dismissed. The 11 year old was left to take care of her siblings. 

As with the other respondents, the clerk gave the couple the judge’s new orders and they retrieved their children from the waiting area. 

The family took the elevator down to the first floor of where they were quickly surrounded by masked men, holding what appeared to be a list of names. These men were not in uniform, nor carried any sort of identification badge. 

An emotional plea can be heard, stating that the judge assigned them a new date. Nonetheless, the entire family was escorted to the back entrance to where unmarked white vans awaited. 

May love surround and keep them safe.