Skip to main content
FlashPoint News
PoliticsChancely Fanfan, a Haitian immigrant, was arrested by ICE during a routine check-in after his court hearing in San Diego, raising concerns about due process and the recent increase in immigrant detentions following similar check-ins.

Lawyers Challenge Deportation of Immigrants Arrested After ICE Check-ins

A federal lawsuit has been filed against the Department of Homeland Security after a Haitian immigrant was arrested during an expected routine ICE check-in, raising concerns over due process and increasing detentions in San Diego.

Source: AP2 min read

In brief

Chancely Fanfan, a 31-year-old Haitian man, was detained by immigration officers in San Diego after attending a court hearing and check-in with U.S. Immigration and Customs Enforcement (ICE) as per his scheduled appointment. His attorneys argue that his previous record shows compliance with all immigration protocols, and they claim these detentions violate due process rights. The UCLA School of Law's Center for Immigration Law and Policy is seeking to challenge similar detentions affecting many immigrants in the region following their check-ins.

SAN DIEGO (AP) — A week before Chancely Fanfan was scheduled to attend an immigration court hearing in San Diego, he received a letter from the Department of Homeland Security, instructing him to show up for what he thought would be a routine check-in with U.S. Immigration and Customs Enforcement (ICE). The 31-year-old Haitian man arrived with his wife and 11-month-old baby to his court hearing and ICE check-in on Oct. 20, only to be arrested by immigration officers, who provided no reason other than that it was required by the government, according to his attorneys.Fanfan had no criminal history and had complied with all previous court hearings and check-ins since arriving in the U.S. last year. This arrest is part of a larger pattern that lawyers identify as a troubling trend in San Diego, where recent months have seen an increase in detentions at ICE check-ins. The Center for Immigration Law and Policy and the Center for Human Rights & Constitutional Law have filed a petition in the Southern District of California, challenging the legality of these detentions, with claims that immigrants who have been previously cleared for release are unfairly targeted.According to the petition, many individuals arrested in these situations had undergone a vetting process when they first arrived in the U.S. and had been released without issues. The plaintiffs argue that the arrests after ICE check-ins deprive these individuals of their rights and violate due process, especially after they are led to believe their cases were resolved or inactive.The UCLA School of Law estimates that the number of affected individuals in San Diego could exceed 100, prompting calls for a class-action lawsuit that could expand the suit to others detained under similar circumstances. Reports from volunteers observing the check-ins have noted alarming instances of detainees, including families, being handcuffed during their appointments, igniting fears and despair among the immigrant communities.A federal judge will soon decide whether to release Fanfan and the other petitioners and rule on the legality of such ICE practices.

Topics

More on this story