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Honduran family freed from detention after lawsuit against ICE courthouse arrests

Honduran family freed from detention after lawsuit against ICE courthouse arrests

Independent03-07-2025
A mother and her two young children from Honduras who had filed what was believed to be the first lawsuit involving children challenging the Trump administration's policy on immigrant arrests at courthouses have been released from detention, civil rights groups and attorneys for the family said Thursday.
The lawsuit filed on behalf of the mother identified as 'Ms. Z,' her 6-year-old son and her 9-year-old daughter, said they were arrested outside the courtroom after an immigration court hearing in Los Angeles. They had been held for weeks in the Dilley Immigration Processing Center in Texas. Their identities have not been released because of concerns for their safety.
The lawsuit said that the family entered the U.S. legally using a Biden-era appointment app and that their arrest violated their Fourth Amendment right to be free from unreasonable searches and seizure and their Fifth Amendment right to due process.
The family's lawyers said the boy had also recently undergone chemotherapy treatment for leukemia and his mother feared his health was declining while in detention.
The family was released late Wednesday while their lawsuit was still pending, and they went to a shelter in South Texas before they plan to return to their lives in the Los Angeles area, said Columbia Law School professor Elora Mukherjee, one of the lawyers representing the family.
'They will go back to their lives, to church, and school, and the family will continue to pursue their asylum case. And hopefully the little boy will get the medical attention he needs,' Mukherjee said. 'They never should have been arrested and detained in the first place. We are grateful they have been released.'
Department of Homeland Security officials did not immediately respond to an email request for comment. Last week, the agency posted on social media that the boy 'has been seen regularly by medical personnel since arriving at the Dilley facility.'
Starting in May, the country has seen large-scale arrests in which asylum-seekers appearing at routine hearings have been arrested outside courtrooms as part of the White House's mass deportation effort. In many cases, a judge will grant a government lawyer's request to dismiss deportation proceedings and then U.S. Immigration and Customs Enforcement officers will arrest the person and place them on 'expedited removal,' a fast track to deportation.
Lawyers for the 'Z' family said their lawsuit was the first one filed on behalf of children to challenge the ICE courthouse arrest policy.
There have been other similar lawsuits, including in New York, where a federal judge ruled last month that federal immigration authorities can't make civil arrests at the state's courthouses or arrest anyone going there for a proceeding.
'The Z family's release demonstrates the power we have when we fight back against harmful, un-American policies," said Kate Gibson Kumar, staff attorney for the Beyond Borders Program of the Texas Civil Rights Project.
The family's lawyers have said that during their hearing before a judge, the mother said they wished to continue their cases for asylum. Homeland Security moved to dismiss their cases, and the judge immediately granted that motion.
When they stepped out of the courtroom, they found men in civilian clothing believed to be ICE agents who arrested the family, Mukherjee said. They spent about 11 hours at an immigrant processing center in Los Angeles and were each only given an apple, a small packet of cookies, a juice box and water.
At one point, an officer near the boy lifted his shirt, revealing his gun. The boy urinated on himself and was left in wet clothing until the next morning, Mukherjee said.
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Daughter of woman murdered by man who US deported speaks out: ‘He was denied due process'
Daughter of woman murdered by man who US deported speaks out: ‘He was denied due process'

The Guardian

time37 minutes ago

  • The Guardian

Daughter of woman murdered by man who US deported speaks out: ‘He was denied due process'

The daughter of a woman murdered by a man from Laos who is among those controversially deported from the US to South Sudan has spoken out about her family's pain but also to decry the lack of rights afforded to those who were expelled to countries other than their own. Birte Pfleger lives in Los Angeles and was a history student at Cal State University in Long Beach when her parents came to visit her from their native Germany in 1994 and ended up shot by Thongxay Nilakout during a robbery while on a sightseeing trip. Pfleger's mother, Gisela, was killed and her father, Klaus, wounded. Nilakout, now 48, is Laotian and was among eight convicted criminals from countries including Mexico, Cuba, Vietnam and Myanmar who were deported to the conflict-torn African country, amid uproar over Donald Trump's extreme immigration policies. In an interview with the Guardian, Pfleger said: 'It's been 31 years living with the irreparable pain and permanent grief, so, on the one hand, I wanted him gone. On the other hand, I'm a historian and I have taught constitutional history. He was denied due process and that's a constitutional problem.' The government of South Sudan has not disclosed the men's exact whereabouts since arriving in the country earlier this month, after legal problems had caused them to be stuck in nearby Djibouti after legal wrangling, or provided any details about their future. A lawyer representing the men said 'their situation is fragile,' noting their relatives have not heard from the deportees since a US military plane flew them to Juba, South Sudan's capital, before midnight on 4 July. A police spokesperson in South Sudan, Maj Gen James Monday Enoka, indicated that the men may ultimately be moved on. 'They will be investigated, the truth will be established and if they are not South Sudanese they will be deported to their rightful countries,' Enoka said. But few details are forthcoming. The US Department of Homeland Security called the men 'sickos'. The deportations had been initially blocked by US district judge Brian Murphy, who had ruled that the group needed to receive notice and due process before being taken to South Sudan, including the opportunity to express fear of being harmed or tortured there. But in a 7-2 ruling, the US supreme court paused Murphy's orders, clearing all obstacles preventing the Trump administration's plan. Just days after the ruling, the administration issued a memo suggesting officials would ramp up deportations to third countries with little notice and due process. The directive by Todd Lyons, acting director of Immigration and Customs Enforcement (Ice), said US officials may deport migrants to countries other than their own with as little as six hours' notice, even if those third party nations have not made assurances about their safety. Legal experts have objected. 'We are going to continue to fight the policy that conflicts with the statute, the regulations and with the constitution,' said Trina Realmuto, executive director of the National Immigration Litigation Alliance, an organization leading a class-action lawsuit against Ice. The UN human rights office denounced the action and urged the US to halt deportations to third-party countries. More than 250 Venezuelans have just been repatriated after being deported by the US without due process to a brutal anti-terrorism prison in El Salvador. Previously a multinational group of migrants was sent to Panama from the US and ended up trapped in a hotel then caged in a jungle setting, while more recently another group was deported to the tiny African kingdom of Eswatini, which critics there described as 'human trafficking' and lamented the prospect of more to follow. 'International law is clear that no one shall be sent anywhere where there are substantial grounds for believing that the person would be in danger of being subjected to serious human rights violations such as torture, enforced disappearance or arbitrary deprivation of life,' the UN said in a statement. Nilakout was 17 when he was sentenced to life in prison without the possibility of parole for his murderous attack on Birte Pfleger's parents. In 2012, the US supreme court ruled that life without parole was unconstitutional for minors. After nearly 30 years behind bars, Nilakout became eligible for parole in 2022, despite a challenge from Pfleger, and was released from a California state prison the following year. He was picked up in Trump's mass deportation dragnet after the Republican president returned to the White House in January. Pfleger, now a history professor at Cal State University in Los Angeles, said she felt conflicted when she found out that Nilokaut had been deported to South Sudan. 'The moral dilemma here is that he should have never been let out of prison. But once he was released from prison, Ice should have been able to deport him, or he should have self-deported to Laos. But of course, what happened is he was put on a Gulfstream jet headed for South Sudan that violated a federal judge's orders to give notice. He and the others were denied due process,' she said. Pfleger continued: 'I am not involved in victims' rights organizations or anything like that. I have not gone to law school, but I have read the constitution and the history of it. And I think that due process rights are fundamental. And when they're no longer fundamental, we all have a problem.' The pain for Pfleger and her sister of losing their mother and their father being wounded having watched his wife get shot and being unable to help her persists, and the family had not expected Nilakout to be freed, she said, adding that her father, Klaus, is 93 and frail. My mom was everything to him,' she said. In a statement, the government of South Sudan cited 'the longstanding support extended by the United States' during its fight for independence and its post-independence development, for the latest cooperation. Between 2013 and 2016, a civil war killed 400,000 people in South Sudan. Earlier this year, the threat of a new war breaking out pushed the US embassy to issue a level 4 warning to Americans not to go to South Sudan because of crime, kidnapping and armed conflict there. The German government recently warned, via the foreign minister, Annalena Baerbock, posting on social media that: 'After years of fragile peace, South Sudan is again on the brink of civil war.' The UN commission on human rights in South Sudan warned 'We are witnessing an alarming regression that could erase years of hard-won public progress.' The UN added that a humanitarian crisis was looming with half the country already suffering food insecurity and two million internally displaced, with a further two million having fled the violence to seek sanctuary in neighboring countries.

Locals' fury at plan to move asylum seekers into £250,000 flats that they say will bring crime spike and violent protests
Locals' fury at plan to move asylum seekers into £250,000 flats that they say will bring crime spike and violent protests

Daily Mail​

time2 hours ago

  • Daily Mail​

Locals' fury at plan to move asylum seekers into £250,000 flats that they say will bring crime spike and violent protests

Residents whose town could soon have a migrant hotel installed above shops in the middle of the high street fear it will cause 'mayhem' and lead to unrest. The Home Office sparked fury this week after it emerged they were secretly plotting, without consultation with the local council, to relocate 35 asylum seekers to a brand new development in Waterlooville, Hampshire, as part of a wider plan to lower the numbers in hotels and 'disperse' migrants across UK towns and cities. With just days to go until a decision is due to be made and amid a planned protest to block the move, residents have expressed concern at being kept in the dark over major decisions that could shape the future of their town. Pompey fan Steve, 58, who has lived in the area his whole life, told MailOnline: 'I've got a 13-year-old granddaughter, when you're about that age, you want to go out up the high street, but I'd be worried now. 'There's no criminal history checks on these people. It's easy to get swept up in that aspect, but it's not just that, I think it will attract trouble for us as well as the migrants. 'With the planned protests, I don't want people to start smashing things up because that plays into the hands of the Home Office and police who say 'see, there we go, right wing'. 'We have genuine concerns but the narrative can change quickly.' The earmarked development is a newly converted block of 19 flats called Waterloo House. It is owned by Mountley Group whose Director, Hersch Schneck, also owns a migrant hotel in nearby Cosham. At the top of the market, the flats could fetch £250,000 each but falling house prices mean taking them off the market and entering into a deal with Clearsprings, a company which procures accommodation for asylum seekers on behalf of the Home Office, could be a far more profitable move for Mountley Group. That's because the government could offer top of the market fees in order to get migrants into housing. As a result, Mountley Group could enjoy fixed guaranteed rates for several years and not be at risk of market turbulence. As well as private rentals, the Home Office is seeking medium-sized sites such as former student accommodation and old tower blocks to house migrants. The flats are located above a bric a brac store called The Junk Emporium which was once a Peacocks clothing store and before that, a Tesco. A member of staff at the shop, who rent from Mountley Group, told MailOnline how they only found out about the plans over Facebook and revealed the fallout of the row has severely impacted business. She explained: 'Yesterday we probably took around a third less. They [customers] think it's to do with us but it's not, we just rent the shop, they kind of assume we know what is going which we don't. 'We've had lots of phone calls and people coming in asking questions we can't answer. We were always under the impression that the flats above would be sold to commuters and people like that. 'The only thing the owners have told us is that it will not be for 35 single men, it is families. What concerns us is this protest. We have not had any assurances in the event of damage to the shop.' Others in Waterlooville, said to be named by soldiers returning from the Battle of Waterloo in 1815, feel just as left out of the conversation. Sid Conroy, who used to work for Airbus and now spends his time breeding racing pigeons, fears serious repercussions if the hotel gets given the greenlight. The 68-year-old said: 'I'm dead against it, there could be fights and trouble up here. You're going to have problems here, I can tell you that. 'There are people waiting years on housing waiting lists and it just seems like they get a brand new flat just like that? Why can't they look after us first? 'Our government is making us unhappy because of it. People are left behind, they're thinking more of the people coming in now. You get them coming over here, causing mayhem, causing trouble, all they get is a slap on the wrist and don't do it again. This is how I see it.' Jdarno Osborne, a mum whose children have challenging medical needs, says the hotel has left her angry because she has struggled to get stable housing in the past. The 36-year-old, who has lived in the area her whole life, said: 'It's funny how they can quickly house people from out of the country yet our own don't get support. 'I've got six kids, I lived in a two bed flat for thirteen years and yet somebody can come over and get helped straight away. 'My daughter is 15 now, they sometimes come here to hang with their friends. But it is worrying, there are things kicking off elsewhere because you hear of cases of rapes, harassment, stalking. 'We have to deal with this but people don't seem to care.' The row over the proposed hotel has triggered a political fallout which has seen local MP for Fareham and Waterlooville, Suella Braverman, the former Home Secretary, launch a petition to block the hotel going ahead. She said such sites make town centres 'no-go zones for the patriotic, common-sense majority' adding: 'This site, in the centre of our town, is utterly inappropriate for migrant accommodation. It must be stopped.' Her petition has garnered nearly 10,000 signatures. Leader of Labour-run Havant Borough Council, Councillor Phil Munday, said last week how the row came about after Clearsprings, who are procuring the site, sent their consultation to the wrong email address. In a furious public statement, he said he was 'extremely disappointed' that such an important issue was handled so poorly but went on to lambast Ms Braverman for 'headline-grabbing'. He added: 'They also failed to follow up to ensure a response of some kind was registered. These consultation exercises need to be taken seriously. The council have secured a 10-day consultation extension period to consider the plans. A decision is expected on 1st August. 'I look forward to the council providing a response that reflects the concerns of the borough', Mr Munday said. Nikki Woodley and her 14-year-old son Harry said they also have reservations if migrants were to be relocated to the high street. Nikki said: 'The council say the information was sent to the wrong person which I don't know if I agree with or not. But I'm obviously against the hotel. It's the worse place to put it because there are children everywhere here. 'I'm not saying they're going to be all horrible and bad and criminals but if they're illegal we don't know who they are, we've got no idea who they are, they could have PTSD. 'I don't suppose you'll come anyone who is for it.' Harry, who spoke to MailOnline with permission from his mum, said he sometimes hangs out on the high street and while the prospect of groups of young migrant men wouldn't bother him too much he said 'I'd probably feel a bit cautious' and consider socialising elsewhere. Kathleen Kingston, 67, who has lived in the area her whole life said housing people above shops on a high street is plain wrong. She went on: 'I think of the accommodation for locals like housing association, there are more people that need housing.' Patricia Walding, 87, added: 'These hotels are changing our towns, they are costing us a fortune and robbing the taxpayer while our own people are sleeping on the streets, I think it's disgusting.' But not everyone is so against the plans. One lady, an SEN teacher, who did not want to be named, feels local people are unloading unrelated grievances about their lives onto asylum seekers because they are 'an easy target'. The mum said: 'People have got different views, those views are not wanting to house asylum seekers. The views and reasoning behind it are one, very racist, and two, not the right reasons. You hear it a lot, just the chat about migrants. 'I don't believe for one second they care about the money side of things with the migrant criss or the actual safety of other people. 'I understand people are concerned about women and children. I'm concerned about the other side of it, the protests, all these people gathering. They'll say its peaceful but it definitely wont be. 'I've had asylum seekers as students, one of them has just past their level three and I couldn't be more proud. When you actually listen to someone like that and they tell you stories what it is really like to come from somehwere like that, you have no idea, you get to wake up in a warm bed every morning. When you see videos they won't show on the BBC. 'Everytime I share my views, people say it's stupid. But you can't help where you're born.' The Leader of Havant Borough Council, Councillor Phil Munday, said 'I understand we have an instructed duty from the Home Office to house asylum seekers within the borough, however it is important that the council works closely with all concerned to advise on the placement for these vulnerable people. 'I have taken immediate action and personally called The Home Office to request an extension to their consultation in order for us to respond accordingly. This has also been followed up with formal requests in writing from our officers. 'We are extremely disappointed that the company involved with this important consultation, considering the impact it may have on our local community, was not only sent to an incorrect email address, but they also failed to follow up to ensure a response of some kind was registered. These consultation exercises need to be taken seriously. Councillor Phil Munday added 'I also have grave concerns on the impact the recent video posted by MP Suella Braverman will have, and I would urge the community to act responsibly and allow us to address this matter formally in the correct manner. 'As part of my open letter to Suella Braverman MP on this matter I will be reminding her that those who could potentially be accommodated somewhere within our borough, will be supported asylum seekers. 'They are categorically not recognised by the state as illegal immigrants – regardless of the headline-grabbing title of Suella Braverman's petition – and I urge people to consider this in their views and actions.' As of late June 2025, there are approximately 32,000 asylum seekers housed in hotels in the UK. As of July 20, 2025, over 20,000 migrants have crossed the English Channel in small boats this year, according to the BBC.

Shadow home secretary says the immigration status of suspects MUST be made public in court to stop misinformation spreading online
Shadow home secretary says the immigration status of suspects MUST be made public in court to stop misinformation spreading online

Daily Mail​

time3 hours ago

  • Daily Mail​

Shadow home secretary says the immigration status of suspects MUST be made public in court to stop misinformation spreading online

The immigration status of suspects should be made public to end harmful misinformation, the Shadow Home Secretary has said. Courts and prosecutors should reveal how a defendant entered Britain to stop lies spreading online, according to Chris Philp. His intervention comes amid heated protests outside The Bell Hotel in Epping, Essex, which houses migrants, and the false claim that the Southport killer was an asylum seeker, which sparked race riots last summer. Mr Philp said: 'The Home Office and the Crown Prosecution Service should not be refusing to release details on the immigration status of dangerous perpetrators – the public deserve to know the truth and they need to be protected from foreign criminals.' Alp Mehmet, chairman of Migration Watch UK, added: 'The courts should be required by law to publish, in real time, the nationality and immigration status of those who come before them. 'Speculation and distortion would stop, preventing sensitive situations from getting out of control.' The Ministry of Justice has now confirmed the potential release of further information about foreign national offenders (FNOs) will be considered as part of a review. Online misinformation about the Southport triple-murderer Axel Rudakubana, 18, being a Muslim asylum seeker ignited nationwide rioting last summer. It was later revealed that Rudakubana was born in Cardiff to Christian parents who migrated to the UK from Rwanda. An MoJ spokesman said: 'The Lord Chancellor, Shabana Mahmood, has asked civil servants to review what can be published on FNOs to increase transparency on this important issue.' A Home Office spokesman said: 'It is our long-standing policy not to comment on individual cases. FNOs who abuse our hospitality by committing crimes will face the full force of the law, including deportation.' Earlier this month, a Mail on Sunday investigation revealed that more than 300 asylum seekers living at 70 hotels had been charged with 708 criminal offences, as serious as rape, over the past three years. While the nationality of the accused is sometimes shown in court documents when they ask for an interpreter, the immigration status is not disclosed. Violent protests broke out at The Bell Hotel this month after an Ethiopian asylum seeker was charged with sexual assault, which he denies.

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