removal proceeding

ORLANDO, Fla. — U.S. government lawyers say that detainees at the immigration detention center in the Florida Everglades known as “Alligator Alcatraz” probably include people who have never been in removal proceedings, which is a direct contradiction of what Florida Gov. Ron DeSantis has been saying since it opened in July.

Attorneys for the U.S. Department of Justice made that admission Thursday in a court filing arguing that the detainees at the facility in the Everglades wilderness don’t have enough in common to be certified as a class in a lawsuit over whether they’re getting proper access to attorneys.

A removal proceeding is a legal process initiated by the U.S. Department of Homeland Security to determine if someone should be deported from the United States.

The Justice Department attorneys wrote that the detainees at the Everglades facility have too many immigration statuses to be considered a class.

“The proposed class includes all detainees at Alligator Alcatraz, a facility that houses detainees in all stages of immigration processing — presumably including those who have never been in removal proceedings, those who will be placed into removal proceedings, those who are already subject to final orders of removal, those subject to expedited removal, and those detained for the purpose of facilitation removal from the United States pursuant to a final order of removal,” they wrote.

Since the facility opened, DeSantis has been saying publicly that each detainee has gone through the process of determining that they can’t legally be in the United States.

During a July 25 news conference outside the detention center, DeSantis said, “Everybody here is already on a final removal order.”

“They have been ordered to be removed from the country,” he added.

At a July 29 speech before a conference of the Florida Sheriffs Assn., the Republican governor said, “The people that are going to the Alligator Alcatraz are illegally in the country. They’ve all already been given a final order of removal.”

He added, “So, if you have an order to be removed, what is the possible objection to the federal government enforcing that removal order?”

DeSantis’ press office didn’t respond Monday morning to an email seeking comment.

The court filing by the Justice Department attorneys was made in a lawsuit in which civil rights groups allege the facility’s detainees have been denied proper access to attorneys in violation of their constitutional rights. The civil rights groups on Thursday asked a federal judge in Fort Myers, Fla., for a preliminary injunction that would establish stronger protections for detainees to meet with attorneys privately and share documents confidentially.

The court case is one of three lawsuits filed by environmental and civil rights groups over the detention center, which was hastily built this summer by the state of Florida and operated by private contractors and state agencies.

A federal judge in Miami ordered in August that the facility must wind down operations within two months, agreeing with environmental groups that the remote airstrip site wasn’t given a proper environmental review before it was converted into an immigration detention center. But operations continued after the judge’s preliminary injunction was put on hold in early September by an appellate court panel. At one point, the facility held more than 900 detainees, but most of them were transferred after the initial injunction. It wasn’t clear on Monday how many detainees were at the center, which was built to hold 3,000 people.

President Trump toured the facility in July and suggested it could be a model for future lockups nationwide as his administration pushes to expand the infrastructure needed to increase deportations. Federal officials on Friday confirmed that Florida has been approved for a $608-million reimbursement for the costs of building and running the immigration detention center.

Schneider writes for the Associated Press.

The T visa, an underutilized lifeline for immigrant survivors of human trafficking, is experiencing a sharp rise in applications, despite increasing processing times and deportation risks.

Also known as T nonimmigrant status, the visa allows people who have experienced severe forms of human trafficking to remain in the country for up to four years if they are helpful to law enforcement in the investigation and prosecution of their trafficker. Approved applicants can work in the U.S., are eligible for certain state and federal benefits, and can apply for a green card after three years on the visa (or earlier if the criminal case is closed).

Julie Dahlstrom, founder and director of the Human Trafficking Clinic at Boston University, said increased awareness of the visa and the courts’ expanding definitions of trafficking may have contributed to the increase, along with mounting barriers to other pathways for immigrant relief.

Congress created the T visa in 2000 as part of the Victims of Trafficking and Violence Protection Act, intending to bolster law enforcement agencies’ capabilities to prosecute human trafficking crimes while offering protections to survivors. The same law also established the U visa, which provides legal status for victims who have suffered substantial abuse as a result of serious crimes including trafficking, domestic violence and sexual assault. U visa applicants must also be willing to assist law enforcement in their investigation of these crimes.

“Many [applicants] are eligible for the U visa as well, but they’re taking now over 20 years for an individual to get access … so I think that has influenced lawyers and survivors, if they are eligible for the T visa … to go ahead and also file T visa applications,” Dahlstrom said. “Especially under the Trump administration, we’ve seen more barriers to asylum access, special immigrant juvenile status access, so I expect we’ll continue to see that move.”

USCIS updated the T visa rules in August 2024 with a process called called bona fide determination that gave survivors earlier access to benefits while their application is pending approval. It also granted them deferred action, which places individuals on a lower priority for removal proceedings.

Erika Gonzalez, training and technical assistance managing attorney from the Coalition to Abolish Slavery & Trafficking, explained that although early access to benefits had existed in the federal statute, it was never implemented because applications were processing fast enough to not need it.

“They have updated the [bona fide determination] process to now have a formal process to engage with, and it does parallel with the sharp increases in filing,” Gonzalez said.

As T visa applications rose, so too did approvals. Last year, the number of approvals broke 3,000 for the first time though it still fell short of the 5,000 cap.

Processing times for T visas have also increased, jumping from a median of 5.9 months in 2014 to 19.9 months this fiscal year.

Denial rates for T visas, meanwhile, have fluctuated.

“We were seeing increased denial rates under the prior Trump administration and then improved rates under Biden,” Dahlstrom said.

Denials can leave T visa applicants vulnerable to deportation. In 2018, USCIS began allowing removal proceedings if an application was rejected with a notice to appear (NTA).

According to a 2022 report co-written by Dahlstrom, which obtained USCIS data through Freedom of Information Act litigation, USCIS issued a total of 236 NTAs to denied T visa applicants from 2019 to 2021. President Biden rescinded this policy with a January 2021 executive order, but last February, USCIS published new guidance once more expanding the circumstances where the agency could issue NTAs.

These policies, alongside escalated coordination between law enforcement and other agencies, have heightened fear among survivors applying for the T visa, Dahlstrom explained.

“We are seeing in real time the results of including requirements around law enforcement engagement, especially when there’s greater cooperation with ICE and greater concerns about deportation,” Dahlstrom said. “These programs are being politicized and, in some ways, weaponized if you’re denied and you’re placed in proceedings.”

Since February’s policy update, at least one person has self-deported after Immigration and Customs Enforcement denied her stay despite her pending T visa application.

So far in the fiscal year 2025, USCIS has approved 1,035 T-visas and rejected 693, which surpasses the number rejected in each of the last four years.

“It’s too early to tell what we’re going to see, but if we continue to see these numbers, it’s both going to mean a rise in denials and very few cases adjudicated amidst more and more applications being filed, which is really troubling,” Dahlstrom said. “These are statutorily protected programs, but what they can do is really slow them down, make them ineffective just in the way that they’re processing applications.”

WASHINGTON — The Department of Homeland Security has walked back what lawyers called an illegal attempt to fast-track the deportation of a woman who has lived in the U.S. for nearly 30 years and to expel her without an immigration court hearing, her attorneys said.

Lawyers for Mirta Amarilis Co Tupul, 38, filed a lawsuit earlier this month to stop her imminent deportation to Guatemala. A U.S. district court judge in Arizona dismissed the case Wednesday after the federal government moved the woman to regular deportation proceedings and agreed in writing not to attempt expedited removal again, her lawyers said.

The judge had granted an emergency request to temporarily pause the deportation while the case played out in court.

The case highlighted broader concerns that the Trump administration is stretching immigration law to speed up deportations in its effort to remove as many immigrants as possible.

Federal law since 1996 holds that immigrants who have lived in the U.S. for fewer than two years can be placed in expedited removal proceedings which bypass the immigration court process. Longtime immigrants, however, cannot be removed until they’ve had a chance to plead their case before a judge.

In a sworn declaration, one of Co Tupul’s attorneys wrote that a deportation officer told her the agency had a “new policy” of placing immigrants in expedited removal proceedings after their first contact with immigration authorities.

“This appears to have been a test case in which the administration attempted to enforce a ‘new policy’ against Ms. Co Tupul,” Eric Lee, one of Co Tupul’s attorneys, said Thursday. “The district court quickly shut down this effort in no uncertain terms. Maybe this has slowed the government’s efforts to expand expedited removal, or maybe the government is waiting for another test case where the non-citizen lacks legal representation.”

Emails reviewed by The Times showed that Co Tupul’s lawyer provided extensive evidence of her longtime residence. Immigration officials told the lawyer that her client would remain in expedited removal proceedings anyway.

Assistant Homeland Security Secretary Tricia McLaughlin said that after Co Tupul’s lawyers provided documentation verifying she had lived in the U.S. for more than two years, “ICE followed the law and placed her in normal removal proceedings.”

“Any allegation that DHS is ‘testing out’ a new policy regarding illegal aliens who have been in the country for longer than two years into expedited removal is false,” McLaughlin added.

Co Tupul, a Phoenix resident, was pulled over as she drove to her job at a laundromat on July 22. She remains detained at Eloy Detention Center, about 65 miles southeast of Phoenix.

The man just had his immigration case dismissed and his wife and 8-year-old son were trailing behind him when agents surrounded, then handcuffed him outside the downtown Los Angeles courtroom.

Erick Eduardo Fonseca Solorzano stood speechless. His wife trembled in panic. The federal agents explained in Spanish that he would be put into expedited removal proceedings.

Just moments earlier on Friday, Judge Peter A. Kim had issued a dismissal of his deportation case. Now his son watched in wide-eyed disbelief as agents quickly shuffled him to a service elevator — and he was gone. The boy was silent, sticking close by his mother, tears welling.

“This kid will be traumatized for life,” said Lindsay Toczylowski, chief executive and co-founder of Immigrant Defenders Law Center, who reached out to the family to help them with their case.

A child who’s father was detained by ICE after a court hearing stands inside the North Los Angeles Street Immigration Court on Friday.

(Carlin Stiehl/Los Angeles Times)

Similar scenes are taking place across the country as the Department of Homeland Security asks to dismiss its own deportation cases, after which agents promptly arrest the immigrants to pursue expedited removals, which require no hearings before a judge.

The courthouse arrests escalate the Trump administration’s efforts to speed up deportations. Migrants who can’t prove they have been in the U.S. for more than two years are eligible to be deported without a judicial hearing. Historically, these expedited removals were done only at the border, but the administration has sought to expand their use.

The policies are being challenged in court.

“Secretary [Kristi] Noem is reversing Biden’s catch-and-release policy that allowed millions of unvetted illegal aliens to be let loose on American streets,” said a senior official from the Department of Homeland Security.

The official said most immigrants who entered the U.S. illegally within the last two years “are subject to expedited removals.” But he noted that if they have a valid credible fear claim, as required by law, they will continue in immigration proceedings.

Toczylowski said it was Fonseca Solorzano’s first appearance in court. Like many of those apprehended this week, Fonseca Solorzano arrived in the United States from Honduras via CPB One, an application set up during the Biden administration that provided asylum seekers a way to enter the country legally after going through a background check.

Erendira De La Riva, left, Sarai De La Riva and Maria Elena De La Riva speak to the media Friday about the status of Alvaro De La Riva, who was detained the previous night by ICE and taken to the North Los Angeles Street Immigration Court.

(Carlin Stiehl/Los Angeles Times)

More than 900,000 people were allowed in the country on immigration parole under the app, starting in January 2023. The Trump administration has turned the tool into a self-deportation app.

“We are punishing the people who are following the rules, who are doing what the government asks them to do,” Toczylowski said.

“I think that this practice certainly seemed to have shaken up some of the court staff, because it’s so unusual and because it’s such bad policy to be doing this, considering who it targets and the ripple effects that it will have, it’ll cause people to be afraid to come to court.”

A Times reporter witnessed three arrests on Friday in the windowless court hallways on the eighth floor of the Federal Building downtown. An agent in plain clothes in the courtroom came out to signal to agents in the hallway, one wearing a red flannel shirt, when an immigrant subject to detainment was about to exit.

“No, please,” cried Gabby Gaitan, as half a dozen agents swarmed her boyfriend and handcuffed him. His manila folder of documents spilled onto the floor. She crumpled to the ground in tears. “Where are they taking him?”

Richard Pulido, a 25-year-old Venezuelan, had arrived at the border last fall and was appearing for the first time, she said. He had been scared about attending the court hearing, but she told him missing it would make his situation worse.

Gaitan said Pulido came to the U.S. last September after fleeing violence in his home country.

An immigrant from Kazakhstan, who asked the judge not to dismiss his case without success, walked out of the courtroom. On a bench across from the doors, two immigration agents nodded at each other and one mouthed, “Let’s go.”

They stood quickly and called out to the man. They directed him off to the side and behind doors that led to a service elevator. He looked defeated, head bowed, as they searched him, handcuffed him and shuffled him into the service elevator.

Lawyers, who were at courthouses in Santa Ana and Los Angeles this week, say it appears that the effort was highly coordinated between Homeland Security lawyers and federal agents. Families and lawyers have described similar accounts in Miami, Seattle, New York, San Diego, Chicago and elsewhere.

During the hearing for Pulido, Homeland Security lawyer Carolyn Marie Thompkins explicitly stated why she was asking to dismiss the removal proceedings.

“The government intends to pursue expedited removal in this case,” she said. Pulido appeared confused as to what a dismissal would mean and asked the judge for clarity. Pulido opposed having his case dropped.

“I feel that I can contribute a lot to this country,” he said.

Kim said it was not enough and dismissed the case.

People line up outside the North Los Angeles Street Immigration Court before hearings on Friday.

(Carlin Stiehl/Los Angeles Times)

The courthouse arrests have frustrated immigrant rights advocates who say the rules of the game are changing daily for migrants trying to work within the system.

“Immigration court should be a place where people go to present their claims for relief, have them assessed, get an up or down on whether they can stay and have that done in a way that affords them due process,” said Talia Inlender, deputy director at the Center for Immigration Law and Policy at UCLA School of Law School. “That is being ripped away sort of at every turn.

“It’s another attempt by the Trump administration to stoke fear in the community. And it specifically appears to be targeting people who are doing the right thing, following exactly what the government has asked them to do,” she said.