Poster shared by the Nevada Immigrant Coalition on Instagram warns that ICE agents may operate in plain clothes and be mistaken for other law enforcement.
By Peter Costantini
SEATTLE. US, May 26 2025 – On May 21, I was in the Seattle immigration court accompanying a young mother from a South American country who was applying for asylum to a routine hearing. Local media had reported that Immigration and Customs Enforcement had arrested several people there the previous day.
Immigration courts have long seemed to be relatively safe places where immigrants were unlikely to be arrested, because they were already in the immigration legal system. [EOIR] [ICE]
While we were waiting, a group of four Haitians with a four-month-old baby sat down across from us. When I heard them speaking Kreyol and French, I introduced myself as someone who had lived in Haiti. We chatted briefly about their country and the immigration situation here, and smiled at the baby. Then they were called into court before us, and when they emerged, they seemed unperturbed by whatever was the outcome of their hearing.
This infernal Catch-22 is showing immigrants who have escaped from dangerous places that they have mistakenly entrusted their hopes to yet another gratuitously cruel police state for migrants. It is falsely branding all of them as criminals and dumping them into a rent-a-gulag of private for-profit prisons
However, when they walked out of the waiting room, they were surrounded by a group of burly men in Northwest-style outdoor wear and ball caps who proved to be agents of ICE’s Enforcement and Removal Operations. The officers wore nothing that identified them as ICE or police, and I did not see them display any badges or warrants. They operated quietly, apparently trying not to attract public attention. They did not arrest the baby and its father, but took the mother and the two other men.
The arrestees looked stricken but did not resist, and I don’t believe the police handcuffed them. The father was left holding the baby in a basket, stunned and unbelieving. Further down the hall, another group of officers arrested a man who spoke to them in Spanish, asking them not to arrest him and crying. They put handcuffs and leg shackles on him and wrestled him onto an elevator.
This brought the young woman I was accompanying and myself to tears, as it was designed to do. Fortunately, though, her case was not dismissed. She was granted a future court hearing and was not detained by ICE.
As they were designed to do, the arrests left other witnesses, many with children, fearing that they could be next. Remember, this is not a court where people had to go because they were accused of crimes; they were there to make their cases for asylum or other protections, or to change their address. They were following authorized paths of immigration.
Staff from the Northwest Immigrant Rights Project, a Seattle non-profit law office, circulated through the Federal Building explaining the new situation: the courts are now dismissing some immigrants’ cases at the request of the government. This might seem like a good thing for the immigrants, but it’s not: without an active case, most of these immigrants have no immigration status.
They are now vulnerable to being grabbed by ICE and placed in expedited removal, a form of rapid deportation without recourse to a judge. This provides la migra, as they are known in Spanish, with a new, unforeseen way to terrorize immigrants. [NWIRP]
The strategy of the Trump administration for immigrants with pending cases requesting authorized statuses such as asylum seems to be to deploy a variety of ways of questionable legality to summarily reject and remove them, or to make life so miserable here that the immigrants “self-deport”.
National and international media have reported similar arrests of immigrants after dismissing their cases across the country. [Anguiano & Singh 5/22/2025] As CBS News pointed out, expedited removal can be used to summarily deport immigrants “who entered the U.S. with the government’s permission at legal entry points”.
So it could possibly be applied to the nearly one million immigrants who entered the U.S. using a cell-phone app introduced by the Biden administration, which allowed them to enter with authorization. [Montoya-Galvez & Cavazos 5/23/2025] Hundreds of thousands who entered under the auspices of other government programs may also be at risk.
This is not an immigration policy; it is the business end of an ethnic cleansing policy. It dovetails nicely with the long-term imperative of white sado-nationalists such as Trump’s Make America Great Again movement to try to reverse what they call “The Great Replacement” of white U.S.-born citizens by immigrants of color from Latin America, Africa and Asia.
As historian Mae Ngai of Columbia University told me in an interview, “I think there’s too many brown people in this country for [the Trump administration’s] tastes — that’s what it all comes down to.” [Costantini 1/16/2019]
The Department of Homeland Security has introduced other new operations to threaten immigrants as well. In Nashville, Tennessee, the state Highway Patrol is reportedly running joint operations with ICE officers on the streets of immigrant neighborhoods.
According to New York Times columnist Margaret Renkle, ICE has been throwing “a wide, seemingly race-based net” to catch people who might appear to be immigrants with flurries of traffic stops for minor infractions by the state patrol. These stops allow ICE to check the immigration status of large numbers of local residents and detain some of them. [Renkl 5/22/2025]
Nashville is a city with a two-thirds Democratic electorate in a heavily Republican state. State Senator Jeff Yarbro told Renkle: “They were basically pulling someone new over every two minutes. That’s not a ‘public safety operation.’” And Nashville Mayor Freddie O’Connell commented: “What’s clear today is that people who do not share our values of safety and community have the authority to cause deep community harm.”
On top of other forms of arbitrary deprivation of immigrants’ rights, these new attacks are destroying any sense of safety for people who are trying to follow the rules. They already seem to be resulting in more fearful immigrants skipping appointments, and then being subject to even more certain arrest and removal.
This infernal Catch-22 is showing immigrants who have escaped from dangerous places that they have mistakenly entrusted their hopes to yet another gratuitously cruel police state for migrants. It is falsely branding all of them as criminals and dumping them into a rent-a-gulag of private for-profit prisons. More detainees will likely be rendered to El Salvador, Libya, South Sudan, and other human-rights-free zones and held without due process or habeas corpus.
The Statue of Liberty wept.
* * *
Notes
For the past 40 years, I have volunteered with immigrants. Since the first Trump administration, I have accompanied them to court and other official appointments. Accompaniment is organized by local immigrant justice and human rights groups, and usually entails working with attorneys (which I am not) to support and inform immigrants, and interpreting between English and their languages (in my case, Spanish and French).
Immigration courts are run by the Executive Office for Immigration Review in the Department of Justice. They are administrative courts and not part of the judiciary branch. [EOIR]
Immigration and Customs Enforcement is the police agency within the Department of Homeland Security that enforces immigration laws in the interior of the country, while Customs and Border Protection (which includes the Border Patrol) handles enforcement from the border up to 100 miles inland. [ICE]
References
Dani Anguiano & Maanvi Singh. “Ice arrests at immigration courts across the US stirring panic: ‘It’s terrifying’”. London: The Guardian, May 22, 2025.
https://theguardian.com/us-news/2025/may/22/ice-arrests-immigration-courts
Peter Costantini. “Manufacturing illegality: An Interview with Mae Ngai”. Foreign Policy In Focus, January 16, 2019.
https://fpif.org/manufacturing-illegality-an-interview-with-mae-ngai
Legal Information Institute. “habeas corpus”. Cornell Law School, no date
https://www.law.cornell.edu/wex/habeas_corpus
Camilo Montoya-Galvez & Nidia Cavazos. “ICE ending migrants’ court cases in order to arrest and move to deport them”. CBS News, May 23, 2025.
https://cbsnews.com/news/ice-ending-migrants-court-cases-arrest-move-to-deport-them
Margaret Renkl. “The ICE Raids in Nashville Aren’t About Public Safety”. New York Times, May 22, 2025.
https://nytimes.com/2025/05/22/opinion/ice-raids-nashville-immigrants.html