A mother and her two young kids are fighting for their release from a Texas immigration detention center in what is believed to be the first lawsuit involving children challenging the Trump administration's policy on immigrant arrests at courthouses.
The lawsuit filed Tuesday argues that the family's arrests after fleeing Honduras and entering the U.S. legally using a Biden-era appointment app violate their Fourth Amendment right to be free from unreasonable searches and seizure and their Fifth Amendment right to due process.
"The big picture is that the executive branch cannot seize people, arrest people, detain people indefinitely when they are complying with exactly what our government has required of them," said Columbia Law School professor Elora Mukherjee, one of the lawyers representing the family.
The Department of Homeland Security did not immediately respond to an email requesting comment.
Starting in May, the country has seen large-scale arrests in which asylum-seekers appearing at routine court hearings have been arrested outside courtrooms as part of the White House's mass deportation effort. In many cases, a judge will grant a government lawyer's request to dismiss deportation proceedings and then U.S. Immigration and Customs Enforcement officers will arrest the person and place them on "expedited removal," a fast track to deportation.