Migrant Family Files First Lawsuit Challenging ICE Courthouse Arrests Involving Children

Key Takeaways

• Honduran family arrested at LA Immigration Court May 29, 2025, after asylum case dismissal.
• New ICE courthouse arrest directive includes minors, enabling family arrests and expedited deportation.
• Family detained in South Texas Residential Center; legal team challenges constitutional violations.

A Honduran migrant family’s lawsuit against U.S. Immigration and Customs Enforcement (ICE), the Department of Homeland Security (DHS), and the Trump administration has sparked national debate and legal scrutiny. The family, a mother and her two children—ages 6 and 9—were arrested at the Los Angeles Immigration Court on May 29, 2025, immediately after their asylum hearing was dismissed. Their arrest is believed to be the first legal challenge specifically targeting the detention of children under the new ICE courthouse arrest directive, which now includes minors. The family is currently detained at the South Texas Family Residential Center in Dilley, Texas, and their attorneys are urgently seeking their release and protection from deportation.

This case has drawn attention not only because of the family’s circumstances—the youngest child is battling leukemia—but also because it highlights the growing use of courthouse arrests and expedited removal procedures against vulnerable populations. The lawsuit raises important questions about due process, constitutional rights, and the treatment of migrant families in the United States 🇺🇸 immigration system.

What Happened: The Arrest and Detention

On May 29, 2025, the Honduran mother and her children arrived at the Los Angeles Immigration Court for a scheduled asylum hearing. According to court records and statements from their legal team, a DHS attorney requested that the case be dismissed. The immigration judge granted this request, despite the mother’s plea to continue the hearing. As the family left the courtroom, plainclothes ICE agents arrested them in the courthouse hallway.

The family was detained for several hours before being flown to San Antonio and then transferred to the South Texas Family Residential Center in Dilley, Texas. This facility is the largest family detention center in the United States 🇺🇸 and has been the focus of ongoing legal and humanitarian concerns.

Their attorneys, including Elora Mukherjee, Director of the Immigrant Rights Clinic at Columbia Law School, and the Texas Civil Rights Project, quickly filed a federal lawsuit. They are seeking a preliminary injunction to prevent the family’s deportation and to secure their immediate release, arguing that the arrest and detention violated the family’s constitutional rights.

The New ICE Courthouse Arrest Directive

The Trump administration’s new ICE directive marks a significant shift in immigration enforcement policy. Previously, ICE generally avoided making arrests at sensitive locations such as courthouses, schools, and hospitals. The new policy, however, explicitly allows for courthouse arrests, including those involving children.

Key points about the new directive:

• Expanded Scope: The directive now includes minors, making it possible for ICE to arrest entire families, including children, at courthouses.
• Expedited Removal: The family was placed in expedited removal proceedings, a process that allows for rapid deportation without a full court hearing. Critics argue that this process limits due process protections and increases the risk of wrongful removals, especially for vulnerable groups like children and those with serious medical conditions.
• Enforcement Goals: The Trump administration has set a target of 3,000 immigration arrests per day, aiming for about 1 million per year. ICE data shows that over 93% of immigrants arrested this fiscal year had never been convicted of violent offenses.

Despite a recent federal court ruling declaring the new ICE courthouse arrest policy unlawful and unconstitutional, ICE has continued to make such arrests, including those involving children.

The Family’s Legal Claims and Constitutional Issues

The lawsuit filed by the migrant family alleges violations of the Fourth and Fifth Amendments of the U.S. Constitution:

• Fourth Amendment: Protects against unreasonable searches and seizures. The family argues that their arrest at the courthouse was an unlawful seizure.
• Fifth Amendment: Guarantees due process of law. The family claims they were denied due process because they were not given a chance to contest their detention before a neutral judge.

Elora Mukherjee, the family’s lead attorney, stated, “Arresting people without any due process, without any advance notice, without any opportunity to explain their circumstances, that violates the due process clause of the Fifth Amendment.”

The family’s legal team has filed a habeas corpus petition, a legal action that challenges the lawfulness of their detention. They are also seeking a preliminary injunction to prevent ICE from deporting the family before their case is heard in court.

Impact on the Children and Medical Concerns

The arrest and detention have had severe effects on the children, especially the 6-year-old boy who is fighting leukemia. According to the family’s attorneys:

• The boy was traumatized by the arrest, urinated on himself in fear, and was left in wet clothing for hours without help.
• After being detained, his medical needs were neglected for days, raising serious concerns about his health and well-being.
• Both children have suffered psychological distress from the sudden arrest and ongoing detention.

Advocacy groups argue that detaining children, especially those with serious medical conditions, in facilities like the South Texas Family Residential Center can cause lasting harm. The National Center for Youth Law and other organizations are involved in broader litigation against policies that prolong the detention of immigrant children and make it harder for relatives to sponsor their release.

Step-by-Step: How the Arrest and Detention Unfolded

To help readers understand the process, here’s a step-by-step breakdown of what happened to the migrant family:

1. Asylum Hearing Scheduled: The family attended their asylum hearing at the Los Angeles Immigration Court on May 29, 2025.
2. Case Dismissed: A DHS attorney requested dismissal of their case, which the judge granted, despite the mother’s request to continue.
3. Immediate Arrest: As they left the courtroom, ICE agents arrested the family in the courthouse hallway.
4. Detention and Transfer: The family was held for hours, then flown to San Antonio and transferred to the South Texas Family Residential Center in Dilley, Texas.
5. Legal Action: The mother filed a habeas corpus petition and requested a preliminary injunction to prevent immediate deportation and secure the family’s release.
6. Expedited Removal: The family now faces two concurrent removal proceedings: their previous asylum-based case and a new expedited removal process.

Community and National Response

The arrest of the migrant family has sparked protests in Los Angeles, San Antonio, and other cities. Advocates and community members have condemned the targeting of children and families at courthouses, arguing that such actions undermine trust in the legal system and deter immigrants from seeking justice.

Legal scholars and advocacy organizations have also voiced strong concerns:

• Due Process: Experts argue that the new ICE policy undermines constitutional protections, especially for children and medically vulnerable individuals.
• Human Rights: The use of expedited removal in these circumstances is seen as a violation of both U.S. and international human rights standards.
• Family Separation: The case is part of a broader trend of increased family separations and prolonged detention of immigrant children under recent policy changes.

Multiple Perspectives: Plaintiffs, ICE, and the Courts

Plaintiffs and Advocates:
The family and their legal team argue that courthouse arrests, especially those involving children, are unconstitutional and traumatizing. They say these actions erode trust in the justice system and put vulnerable families at risk.

ICE and DHS:
While the Department of Homeland Security has not commented on this specific case, the administration justifies the policy as necessary for public safety and immigration enforcement. However, official statements on the arrest of children at courthouses remain lacking.

Judiciary:
Recent federal court rulings have found aspects of the courthouse arrest policy unlawful, but ICE continues to enforce the directive while legal challenges proceed.

Background: Sensitive Location Policies and Family Detention

Historically, ICE avoided making arrests at sensitive locations, including courthouses, to ensure that immigrants could access the justice system without fear. This approach was meant to protect the rights of all individuals, regardless of immigration status.

The Trump administration reversed this policy, expanding enforcement to include courthouses and, for the first time, children. This change has led to more family separations and longer detention periods for immigrant children. New rules have also made it harder for relatives to sponsor detained minors, further complicating the situation for families.

The South Texas Family Residential Center, where the family is currently held, has been at the center of debates about family detention. Critics argue that such facilities are not suitable for children, especially those with medical needs.

Legal and Policy Implications

The outcome of this case could have far-reaching effects on immigration enforcement and the rights of migrant families. If the court finds that the ICE courthouse arrest directive is unconstitutional, it could limit the government’s ability to arrest and detain families at courthouses, especially those with children.

Key implications include:

• Legal Precedent: As the first known challenge to courthouse arrests involving children, the case could set a legal precedent for future enforcement actions.
• Policy Changes: Ongoing litigation and public pressure may lead to further judicial review or changes to ICE policies, especially if courts continue to find the directives unlawful.
• Impact on Families: The case highlights the risks faced by migrant families, particularly those with medical or other vulnerabilities, under current enforcement practices.

What Happens Next?

The family’s lawsuit is pending in federal court. Their attorneys are seeking an emergency injunction to prevent deportation before the case is heard. The legal process could take months, and the outcome may influence how ICE and DHS handle similar cases in the future.

Advocacy groups, including the Texas Civil Rights Project and Columbia Law School’s Immigrant Rights Clinic, continue to provide legal support and push for policy changes. Community protests and media coverage have kept the issue in the public eye, increasing pressure on officials to reconsider the use of courthouse arrests and family detention.

Resources for Affected Families

Families facing similar situations can seek help from organizations like the Texas Civil Rights Project and the Columbia Law School Immigrant Rights Clinic. These groups offer legal representation and advocacy for migrant families.

For official information on ICE policies and enforcement actions, readers can visit the U.S. Department of Homeland Security’s official website.

According to analysis by VisaVerge.com, the growing use of expedited removal and courthouse arrests, especially involving children, is likely to remain a contentious issue in U.S. immigration policy. The outcome of this case may shape future enforcement practices and the rights of migrant families for years to come.

Takeaways and Practical Guidance

• Know Your Rights: Immigrants attending court hearings should be aware that ICE may conduct arrests at courthouses under current policies. Legal representation is strongly recommended.
• Medical Needs: Families with children who have serious medical conditions should inform their attorneys and the court of these needs as early as possible.
• Legal Support: Organizations like the Texas Civil Rights Project and Columbia Law School’s Immigrant Rights Clinic can provide assistance and may help file legal challenges if rights are violated.
• Stay Informed: Policy changes can happen quickly. Check official government sources and trusted advocacy organizations for the latest updates.

The case of the Honduran migrant family at the South Texas Family Residential Center is a powerful example of how immigration policies can affect real people, especially children and those with medical needs. As legal battles continue, the eyes of the nation remain on the courts, policymakers, and the families at the heart of these debates.

Learn Today

ICE → U.S. Immigration and Customs Enforcement, the agency enforcing immigration laws including arrests and deportations.
Expedited removal → A rapid deportation process without full court hearings, limiting due process rights for immigrants.
Habeas corpus → A legal action challenging unlawful detention, allowing courts to review and potentially order release.
Courthouse arrest directive → An ICE policy allowing immigration arrests inside courthouses, including vulnerable groups like children.
Due process → Legal requirement that ensures fair treatment through the normal judicial system, especially before depriving rights.

This Article in a Nutshell

A Honduran family’s arrest at a courthouse under a new ICE directive highlights constitutional concerns, detention of children, and calls for legal reforms to protect migrant families facing expedited removal and trauma.
— By VisaVerge.com