The Department of Justice has postponed all non-detained immigration court cases. The announcement came just before midnight Tuesday night, after a NY1 story aired highlighting the potential danger of spreading the Coronavirus in immigration court. Immigration and Customs Enforcement still hasn’t announced any major changes to the way it’s enforcing immigration law. This is the story Michael Herzenberg filed before the Justice Department postponed the court cases.

Several politicians and many immigrant rights advocates are calling on the federal government to suspend all immigration enforcement activities because of concern the actions will spread the new coronavirus.

For example: pictures taken inside 26 Federal Plaza, which houses most of the city’s immigration courts, show people closer together in the waiting area than what health experts recommend during the coronavirus outbreak.

“I’m upset,” said Immigration Attorney Elizabeth Cordoba. “The fact they’re still open, placing everyone at risk makes no sense.”

Cordoba says the Justice Department's refusal to cancel proceedings creates a Shophie's choice for her clients: come to court and risk getting sick or skip a hearing and risk deportation. She says it’s a dilemma for immigration lawyers, too.

“Our families are in danger of us coming here,” Cordoba said. “It takes lot for someone to make it to court. Even the respondents, we have to still meet with them, prepare them. One of my clients said her child was sick. What am I supposed to say, ‘Don’t come in?”

“They are afraid and rightfully so of being deported in their absence,” says immigration Judge Amiena Khan. As Vice President of the National Association of Immigration, Khan applauds the justice department for suspending proceedings in which as many as 100 people wait in a room for first appearances. But she says it is unsafe to continue individual hearings.

“Our courtroom spaces are small, we cannot effectual the safe distances of six feet apart. Our folks sit literally on top of each other,” she said.

Immigrants we spoke with outside the courthouse say they are scared.

“We can get infected because a lot of people come here,” said one woman in Spanish who didn’t want her name used.

“I believe that they should close them so there are not much people together,” said a man who also spoke in Spanish and did not want to identify himself.  

“This administration has shown they are going to put their anti-immigrant agenda above the needs of the entire nation,” said Steven K. Choi, the executive director of the New York Immigration Coalition.

The immigrant rights advocate wants the government to suspend all immigration enforcement in courts and on the street.

“At a time when social distancing has become the norm, how does that make sense to have teams of federal ice agents going to places engaging directly and personally interacting with numerous people to engage in enforcement activity? This simply must stop,” he said.

Immigration and Customs Enforcement issued a statement saying, in part:

“…While our law enforcement officers and agents continue daily enforcement operations to make criminal and civil arrests, prioritizing individuals who threaten our national security and public safety, we remain committed to the health and safety of our employees and the general public. It is important for the public to know that ICE does not conduct operations at medical facilities, except under extraordinary circumstances.”

Advocates say though many undocumented immigrants do not believe ICE, and that those who feel sick may hide at home rather than seek treatment, making a bad situation worse.

Full ICE Statement:

“Law enforcement agencies across the country, to include ICE, are paying close attention to this pandemic. While our law enforcement officers and agents continue daily enforcement operations to make criminal and civil arrests, prioritizing individuals who threaten our national security and public safety, we remain committed to the health and safety of our employees and the general public. It is important for the public to know that ICE does not conduct operations at medical facilities, except under extraordinary circumstances. ICE policy directs our officers to avoid making arrests at sensitive locations – to include schools, places of worship, and health care facilities, such as hospitals, doctors’ offices, accredited health clinics, and emergent or urgent care facilities – without prior approval for an exemption, or in exigent circumstances. See our FAQ for more. 

“Consistent with federal partners, ICE is taking important steps to further safeguard those in our care. As a precautionary measure, we are temporarily suspending social visitation in all detention facilities.

“The health, welfare and safety of U.S. Immigration and Customs Enforcement (ICE) detainees is one of the agency’s highest priorities. Since the onset of reports of Coronavirus Disease 2019 (COVID-19), ICE epidemiologists have been tracking the outbreak, regularly updating infection prevention and control protocols, and issuing guidance to ICE Health Service Corps (IHSC) staff for the screening and management of potential exposure among detainees. 

 “ICE continues to incorporate CDC’s COVID-19 guidance, which is built upon the already established infectious disease monitoring and management protocols currently in use by the agency. In addition, ICE is actively working with state and local health partners to determine if any detainee requires additional testing or monitoring to combat the spread of the virus.”

Full Statement from The Executive Office For Immigration Review/DOJ:

The Department of Justice continues to work closely with the Vice President’s Task Force, the Centers for Disease Control and Prevention (CDC), and State and Local Government leaders regarding the coronavirus (COVID-19) situation. Attorneys with cases in immigration court have longstanding information readily available to them about the filing of motions to continue, which immigration judges will adjudicate based on the unique facts of each case and relevant situation to include active illnesses of all varieties. Although the operational situation may change as new information is received, immigration courts will continue to address cases, including any motions to continue, in accordance with the applicable law. Any changes to the operating status of a court will be communicated to staff, respondents, and the public.