The intimidation game: NYC immigration lawyers say their clients can’t get a fair hearing with ICE agents stalking the courthouses

Immigration attorneys in New York City say that ICE’s regular arrest operations at Lower Manhattan’s immigration court are not only seizing their clients, but also making it harder for them to get a fair shake before a judge.

amNewYork sat down with several attorneys who spoke candidly about the fears their clients are facing, as well as their own experience going to work each day and facing off against armed, often-masked federal agents.

Nneka Jackson, an attorney at the Law Offices of Nneka Jackson, recalled what she felt was an intimidation process as soon as she arrived at 26 Federal Plaza.

“You go into the courtroom, you see multiple agents with their face covers. You see guns, you see handcuffs — It’s a very intimidating presence, because there’s so many of them, and they’re literally waiting outside the courtroom for people to get their cases dismissed,” Jackson said.

Over the past several months, amNewYork has documented how these masked men have zeroed in on immigrants attending their legally mandated court hearings. ICE agents are often seen standing in the hallways, waiting for a judge to clear their courtroom so they could strike, taking people away in seconds.

Fears of ICE retaliation permeate courts

Jackson stated that she often feels that she has already lost before she appears before a judge, feeling as though some magistrates are unfairly siding with ICE.

“I think a lot of judges are scared of being retaliated against or losing their jobs, because you’ve seen in recent cases where there are immigration judges that have high approval ratings have gotten fired, and I think a lot of judges are scared to either get fired or have retaliation, so a lot of them are just agreeing with DHS,” Jackson said. “There’s been so many cases where the judges are not even listening to attorneys’ arguments. No matter how valid the arguments are, they’re just automatically siding with DHS.”

A man his held against his will by ICE. Photo by Dean Moses

Another attorney, who asked to remain anonymous but who has been practicing law for about a decade and a half, said that he would not go as far as to suggest judicial malpractice, yet he says he has seen some judges make some questionable decisions, though no specific judges’ names were mentioned.

“The judge issued one of the worst decisions I’ve ever seen a judge issue in an asylum case, and I thought it was highly appealable. Obviously, he was not being sympathetic. In my view, he did not consider the case on the merits in a way that reflected the facts or was legally justified,” the attorney said. “But I’d be reluctant to point the finger at judges.”

The same attorney also pushed back against comments from Border Czar Tom Homan and United States Secretary of Homeland Security Kristi Noem that ICE is only targeting criminals.

The lawyer not only argued that his clients do not have any criminal record, but he also charged that they didn’t even enter the country illegally. Moreover, he stated that he feels that those detained are being forced to languish in poor conditions in order to make them give up and stop fighting the process.

“They are taking people into custody who don’t have criminal records, who entered the country with the very explicit blessing of the US government. “In no way is that illegal. I mean, it’s just simply by definition,” the attorney said, adding that he feels the detainment conditions are driving people to give up on their legal battles. “They have stated a public desire to drive people to self-deport, you know, and that seems to be a part of the the overall policy.”

ICE pounces on a woman as she leaves court. Photo by Dean Moses

Co-Director of Health Justice New York Lawyers for the Public Interest, Karina Albistegui Adler, reminded the public that those who are violently detained in the halls of immigration court are not the faceless others the Trump administration portrays them to be. They are, she argued, an integral part of the community, and when detained, they create a ripple effect.

“These are members of our communities,” Adler said. “When we are detaining members of our community, especially the people who are doing their best to comply with the immigration laws, it does create a killing effect for people, and it does create hardship for caregivers, providers who are being detained.”

Meanwhile, Jesse Levine, partner at Ehrinpreis and Levine PLLC, told amNewYork that while lawyers representing immigrants are doing their best to make a difference, he also says he believes the fight can’t come from them alone.

“As publicly, as loudly, and as often as possible, we need to demonstrate that we really do want these people here. The people are being torn apart from their families and are being the victims of government abuse. I think that in order to turn this country back into the country that most of us seem to want, we really need to do more than just fight in the courts,” Levine said. “I think just being on defense doesn’t do it. So, I don’t know what that looks like, but I think it’s our collective responsibility.”

A family is stopped by ICE. Photo by Dean Moses