SAN DIEGO (AP) — A week before his immigration court hearing, Chancely Fanfan received a letter from the Department of Homeland Security indicating he was to attend a routine check-in with U.S. Immigration and Customs Enforcement (ICE) following his court date.
On October 20, Fanfan, along with his wife and 11-month-old child, appeared for his hearing, only to find himself arrested by immigration officers with no explanation other than it was a government requirement, according to his legal team.
Fanfan, a Haitian immigrant, has no criminal history and has consistently attended all required court hearings and ICE check-ins since entering the United States last year. Legal representatives from the Center for Immigration Law and Policy, alongside the Center for Human Rights & Constitutional Law, have launched a petition in the Southern District of California challenging the detention of Fanfan and two others after they reported as instructed.
The petition states, 'Petitioners have had no criminal contact since their prior releases from DHS custody…' illustrating the troubling trend of detentions following check-ins, especially among those who had previously been cleared for release.
The recent escalation of such arrests in San Diego has raised alarms among advocates, who argue that many immigrants are now facing life-altering consequences due to random detentions stemming from routine procedures. Many detainees report their cases in immigration courts being unexpectedly reopened, leading to sudden arrest during mandatory check-ins.
Fanfan's legal suit seeks not only his own release but also challenges the legality of the detentions, aiming for a broader class certification that could benefit others caught in similar scenarios. The petition has highlighted that many individuals affected by these practices could reach dozens, potentially exceeding 100 just within San Diego.
As for the Department of Homeland Security, no comments have been issued regarding this matter. With a federal judge set to hear the case, the future of these immigration policies may be fundamentally challenged, potentially altering the landscape of how immigrants are treated during legal proceedings.
On October 20, Fanfan, along with his wife and 11-month-old child, appeared for his hearing, only to find himself arrested by immigration officers with no explanation other than it was a government requirement, according to his legal team.
Fanfan, a Haitian immigrant, has no criminal history and has consistently attended all required court hearings and ICE check-ins since entering the United States last year. Legal representatives from the Center for Immigration Law and Policy, alongside the Center for Human Rights & Constitutional Law, have launched a petition in the Southern District of California challenging the detention of Fanfan and two others after they reported as instructed.
The petition states, 'Petitioners have had no criminal contact since their prior releases from DHS custody…' illustrating the troubling trend of detentions following check-ins, especially among those who had previously been cleared for release.
The recent escalation of such arrests in San Diego has raised alarms among advocates, who argue that many immigrants are now facing life-altering consequences due to random detentions stemming from routine procedures. Many detainees report their cases in immigration courts being unexpectedly reopened, leading to sudden arrest during mandatory check-ins.
Fanfan's legal suit seeks not only his own release but also challenges the legality of the detentions, aiming for a broader class certification that could benefit others caught in similar scenarios. The petition has highlighted that many individuals affected by these practices could reach dozens, potentially exceeding 100 just within San Diego.
As for the Department of Homeland Security, no comments have been issued regarding this matter. With a federal judge set to hear the case, the future of these immigration policies may be fundamentally challenged, potentially altering the landscape of how immigrants are treated during legal proceedings.
