OAKLAND – East Bay elected leaders and superior court officials are speaking out after U.S. Immigration and Customs Enforcement agents detained an Alameda County Public Defender’s Office client earlier this month at a courthouse in downtown Oakland.
ICE agents took the client into custody following an unrelated, routine pretrial hearing on Sept. 15 at the Wiley W. Manuel Courthouse, according to Public Defender Brendon Woods. On Tuesday, the arrest was confirmed by the sheriff’s office.
County Supervisor Nikki Fortunato Bas condemned the incident, calling it “nothing short of a violation of due process, of human dignity, and of our most basic constitutional rights.”
“This is unacceptable and part of a coordinated, racist, authoritarian campaign to criminalize immigrants and dismantle our democracy from the inside out,” Bas said in a statement. “We must implement greater protections for individuals attending court.”
Superior Court Presiding Judge Thomas Nixon was “dismayed” to only learn about the incident Tuesday.
“While we have no evidence that ICE agents operated in any non-public areas of the courthouse or that any of our employees assisted them in any way, neither I nor the court’s executive officer were advised of their presence,” Nixon said in a statement.
Nixon said the court is investigating the incident and working with the sheriff’s office “to ensure that we are timely notified when federal immigration actions are planned or occurring on our properties.”
“ICE activity in and around our courthouses has a chilling effect on justice when those in need of help are too afraid to seek it,” Nixon said. “We remain committed to equal access to justice for all.”
Bas said she supports ideas put forward by Woods to “protect the courts as places of safety and due process,” including posting signage at courthouse entrances requiring ICE agents and all law enforcement officers to identify themselves upon entry.
Woods has also called on all local agencies to commit to not cooperate with ICE enforcement actions by barring employees from contacting ICE or sharing information about individuals’ court or probation appointments, case status or immigration status with ICE. Agencies should also commit to notify each other upon learning of any ICE activity happening near a courthouse or jail, according Woods.
“No one should be punished for showing up to court,” Bas said. “No one should be disappeared from a hallway in plain sight. No one should fear being torn from their community just for following the law and exercising their right to due process.”
In a statement, the sheriff’s office said it does not coordinate with ICE on enforcement actions and was not involved in the recent arrest. The sheriff’s office also noted it is legally prohibited from restricting access to public areas of the courthouse and does not have the authority to interfere with the “lawful duties” of another law enforcement agency.
“The sheriff’s office remains committed to maintaining trust and ensuring the safety and rights of all individuals, regardless of immigration status,” the sheriff’s office said, adding that it “will continue to engage with our county partners on how to best support those impacted by immigration enforcement actions in our county.”
The public defender’s office has not released any details about the client’s pending criminal case, immigration status or possible reason behind the arrest, but noted in a news release Monday that the client “does not appear to have any criminal convictions.”
Check back for updates.
Originally Published: