Amicus Brief in Support of Motions to Terminate
Immigrants in removal proceedings can move to terminate proceedings if ICE has engaged in conduct that is consciousness shocking or violates fundamental rights. ICE’s widespread practice of courthouse arrests meets this standard, and therefore IDP encourages respondents who were arrested in or around a courthouse to file motions to terminate proceedings. This amicus brief is intended to supplement such motions with information about ICE’s pattern of courthouse arrests, and legal argumentation that this conduct is unlawful and warrants termination.
The brief argues that courthouse arrests
- Violate the centuries-old common law tradition which rejects civil arrests in courthouses so as to protect the effective administration of justice in the courts.
- Violate the constitutional right to access the courts.
- Violates the Tenth Amendment because ICE is a federal agency interfering with the functioning of state courts and taking advantage of state resources.