SAN DIEGO (AP) — A week prior to a scheduled immigration court hearing, Chancely Fanfan received a letter from the Department of Homeland Security directing him to attend what he expected would be a routine check-in with U.S. Immigration and Customs Enforcement (ICE) after the hearing. On October 20, Fanfan, accompanied by his wife and their 11-month-old child, attended both the court hearing and the ICE check-in. However, immigration officers arrested him, citing government requirements without providing an explicit reason, according to his attorneys.
Fanfan, a 31-year-old Haitian national, has no criminal history and has consistently attended all court hearings and ICE check-ins since his arrival in the U.S. last year. The petition, filed on Tuesday in the Southern District of California by the Center for Immigration Law and Policy and the Center for Human Rights & Constitutional Law, demands a review of the October detentions of Fanfan and two other individuals who were similarly apprehended during their ICE check-ins.
The petition argues that the detainees had previously shown no criminal behavior since their release from federal custody and that two of the petitioners had no criminal record whatsoever.
The lawsuit claims that immigrants are suffering due process violations after being detained despite having been previously released following rigorous vetting upon their entry through U.S. ports. This troubling trend has been linked to an increasing number of re-opened immigration cases.
Reports suggest that the number of arrests during ICE check-ins has surged in San Diego since early October. Volunteer observers have noted several instances of individuals being handcuffed and taken away after their check-ins.
Compounding these concerns, a gardener from Mexico, who avoided deportation for over a decade, was recently informed that his case was being reopened, forcing him to report for an ICE check-in—an unsettling experience emanating from the surge in detentions.
As the legal battle unfolds, a federal judge is poised to determine the future of Fanfan and others in similar situations, as well as the legality of these sudden detentions. Meanwhile, the Department of Homeland Security has not yet publicly commented on the matter.
Fanfan, a 31-year-old Haitian national, has no criminal history and has consistently attended all court hearings and ICE check-ins since his arrival in the U.S. last year. The petition, filed on Tuesday in the Southern District of California by the Center for Immigration Law and Policy and the Center for Human Rights & Constitutional Law, demands a review of the October detentions of Fanfan and two other individuals who were similarly apprehended during their ICE check-ins.
The petition argues that the detainees had previously shown no criminal behavior since their release from federal custody and that two of the petitioners had no criminal record whatsoever.
The lawsuit claims that immigrants are suffering due process violations after being detained despite having been previously released following rigorous vetting upon their entry through U.S. ports. This troubling trend has been linked to an increasing number of re-opened immigration cases.
Reports suggest that the number of arrests during ICE check-ins has surged in San Diego since early October. Volunteer observers have noted several instances of individuals being handcuffed and taken away after their check-ins.
Compounding these concerns, a gardener from Mexico, who avoided deportation for over a decade, was recently informed that his case was being reopened, forcing him to report for an ICE check-in—an unsettling experience emanating from the surge in detentions.
As the legal battle unfolds, a federal judge is poised to determine the future of Fanfan and others in similar situations, as well as the legality of these sudden detentions. Meanwhile, the Department of Homeland Security has not yet publicly commented on the matter.
