SAN DIEGO — A man seeking asylum in the United States has filed a lawsuit challenging the practice of federal agents arresting individuals after their immigration hearings. The case, which could provide insight into current enforcement tactics, was discussed during a hearing on Wednesday.
The plaintiff, referred to only as A.M. for safety reasons, fled Morocco to escape torture linked to his advocacy for human rights. He arrived in the U.S. seeking asylum and attended a hearing on June 3 at the San Diego federal courthouse. Upon learning his case had been dismissed, he was confronted by agents outside the courtroom.
In A.M.’s court declaration, he described being surrounded by several men who immediately handcuffed him without explanation. “I did not understand what was happening,” he stated, reflecting on the unexpected arrest.
Following his detention, A.M. was separated from his attorney and transported to the Otay Mesa Detention Center. He faced expedited removal proceedings, which are designed to accelerate the process of deportation.
According to his attorney, Emily Howe, A.M. experienced extreme distress during his detention, exacerbated by a diabetic emergency. In his declaration, A.M. expressed his fear of returning to Morocco, where he believed he would again face violence and imprisonment. “I never imagined I would be detained by masked men in a courtroom,” he wrote, emphasizing his status as a law-abiding individual who complied with all legal requirements.
A.M. is suing several high-ranking officials, including Otay Mesa Detention Center Warden Christopher LaRose and U.S. Secretary of Homeland Security Kristi Noem, among others. During Wednesday’s hearing, Judge Jinsook Ohta did not grant A.M.’s request for a preliminary injunction, but noted the need to slow the proceedings, citing a “breakneck pace.”
The judge expressed interest in understanding how Immigration and Customs Enforcement (ICE) determines who to arrest, asking U.S. attorneys about the criteria and processes involved. Although the U.S. attorneys did not provide an interview following the hearing, ICE has not commented on the ongoing lawsuit or the arrests in question.
Howe later acknowledged the challenges she faces as a solo attorney against multiple government lawyers. She has reached out to various civil rights organizations for support in handling this complex case. “It feels like I’m fighting against overwhelming odds,” Howe remarked. “We need to understand what justifies the government’s actions in depriving individuals of their freedom.”
The suit raises broader questions regarding the alleged existence of quotas for arrests, prompting concerns about constitutional rights. “How can this align with our basic rights,” Howe questioned, highlighting the unexpected nature of her legal battle against government enforcement actions.
The next hearing in A.M.’s case is scheduled for September 4.
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