As Vadzim Baluty watched his son Aliaksandr Baluty get arrested by six plainclothes U.S. Immigration and Customs Enforcement (ICE) officers directly after an immigration court hearing, he had the sinking feeling he’d made a costly mistake.
Vadzim Baluty, accompanying his son for his first court appearance in his asylum bid, agreed last month when an ICE prosecutor offered to drop the case against the recent Belarusian migrant, not realizing his son would be swiftly detained as soon as the pair exited the courtroom.
“I felt like we had fallen into a judicial trap,” he said in Russian through an interpreter in an interview with The Hill.
“We left the courtroom and an ICE officer told us our son was going to be deported in three days. Nobody told us the decision that we made — what it was going to cause.”
ICE prosecutors across the country are increasingly moving to dismiss cases against migrants in a bid to fast track their deportations.
While a dismissal might seem like the end of a battle to remain in the county, some leaving courthouses have instead been met by ICE agents who are then free to arrest them and place them in expedited removal proceedings, speeding their deportation without a court hearing.
Rekha Sharma-Crawford, an immigration lawyer and board member with the American Immigration Lawyers Association (AILA) called it a “bait and switch.”
“The troubling thing here is that people are doing the right thing and going to court. They hear what they think is great news, that their case is dismissed. But instead, they are subject to a bait and switch and a plainclothes ICE agent will then arrest them. They are detained and then they are pressured to sign documents that basically sign away all of their rights, and they are subject to expedited removal and don’t have a chance for a full and fair hearing,” she said in a call with reporters.
Vadzim Baluty, a 47-year-old Belarusian political activist who was granted asylum in 2022 after fleeing the Lukashenko dictatorship, thought ICE was aware of his petition to bring his children to the country.
He also didn’t think Aliaksandr Baluty, now 21, would be deported after entering the country legally. His son was permitted to enter the U.S. through Mexico after waiting in the country seven months for an appointment made through the Biden-era CBP One app.
Such a dynamic has only become possible with the shift from the Trump administration, which has expanded the scope of expedited removals.
While the process previously was used only for migrants within two weeks of their entering the country and within 100 miles of the border, the Trump administration now allows the tool to be used up to two years after a person enters the U.S. regardless of where they are in the country.
Critics call the move an end run around due process and fault the administration for using ICE officers who are often not in uniform and may be wearing masks.
Rep. Dan Goldman (D-N.Y.) went to an immigration courthouse in his district last week, sitting in on court proceedings and witnessing ICE prosecutors dismiss cases followed by migrants being arrested by plainclothes agents as they exited — something he called “Gestapo-like behavior.”
“The Department of Homeland Security has implemented, over the last week, a coordinated effort to do an end run around our legal system in order to remove nonviolent, noncriminal immigrants trying to come into this country through a lawful pathway of immigration proceedings, and in many cases, asylum proceedings,” he said at a press conference afterward.
“By recommending dismissal of their cases, the Department of Homeland Security is essentially taking jurisdiction away from the court, removing the asylum application from going forward, and then allowing the immigration agents to arrest these people and put them in a deportation proceeding under a different authority than the one that they just dismissed, which has fewer rights and applies in very few circumstances.”
Sharma-Crawford said it's especially confusing for pro se litigants — those representing themselves in court.
Not only are they being approached by plainclothes officers, but they may not know what to do next.
Those placed in expedited removal are not entitled to a hearing, but they can request an interview with an asylum officer if they fear they will be persecuted if returned to their home country. If they pass that screening, their case could be returned to immigration court.
Vadzim Baluty has since hired attorney Malinda Schmiechen to represent his son, who asked for the credible fear interview that would route his case back into the immigration court system.
Aliaksandr Baluty told them how during a visit to register for the mandatory draft, military officials in the country made a veiled comment about his father and said they were going to teach him to “love the motherland.” Another officer in the room said, “You will be in the army for your father.”
“The draft officer said that I — in the army — I would be punished for my father,” Aliaksandr Baluty told an asylum officer, according to a transcript of the interview his attorney shared with The Hill.
At his father’s advice, Aliaksandr Baluty fled that night to nearby Georgia. Military officials later showed up at his mother’s house with a forged conscription document, saying they would prosecute him as a draft dodger.
Schmiechen was informed Thursday night, however, that an asylum officer rejected the claim, calling it “a betrayal all around.”
“I feel like this is a betrayal against our law, against the America that is a sanctuary for so many, and against young Aliaksandr, who fled for his life and seeks to live peacefully with his family,” Schmiechen told The Hill.
“It's a betrayal because the government attorneys betrayed the law with their motion to dismiss, knowing that it would lead to Aliaksandr’s detention. It’s a betrayal because the American government is using taxpayer money unnecessarily to detain Aliaksandr, and it's a betrayal to Aliaksandr, whose detention is treating him like a criminal, though he's not one.”
The arrests come as the GOP at large has vented frustration at the immigration court system, where cases can languish in a years-long backlog.
The Department of Homeland Security defended the courthouse arrests as well as their use of expedited removal.
“Most aliens who illegally entered the United States within the past two years are subject to expedited removals. Biden ignored this legal fact and chose to release millions of illegal aliens, including violent criminals, into the country with a notice to appear before an immigration judge. ICE is now following the law and placing these illegal aliens in expedited removal, as they always should have been,” the department said in a statement.
“If they have a valid credible fear claim, they will continue in immigration proceedings, but if no valid claim is found, aliens will be subject to a swift deportation.”
Goldman also criticized ICE for using plainclothes officers, saying that in his observations, agents had printed out photos of those they would be arresting and were often wearing masks.
“When I asked them, ‘Why are you wearing a mask?’ One person told me, ‘Because it's cold.’ I asked him if he would testify to that under oath, and he walked away and wouldn't respond to me,” he said.
“Another person admitted that they were wearing masks so that they are not caught on video. And my question to them is: ‘If what you are doing is legitimate, is lawful, is totally aboveboard, why do you need to cover your face?’”
Schmiechen said she’s working quickly to explore other options for Aliaksandr Baluty, including requesting that his credible fear claims be reviewed by an immigration court judge. If that doesn’t work, she’s planning to make a filing in federal court.
“I just feel like we don't have much time at this point,” she said.
To Vadzim Baluty, the whole episode has chilling parallels with what he experienced in Belarus.
“This is how it began,” he said.
The arrest of his son, just feet from the courthouse doors, happened in less than 60 seconds and left him in shock. He said he never imagined the words “stop prosecution” could have led to “expulsion from the country and separation of father and son.”
“Everything is starting to remind us that we are not in a free country. What is happening today is vaguely reminiscent of the birth of a dictatorship, when they categorically begin to solve the political issue at the moment with immigration,” he said.
“I don't feel safe now. None of the immigrants feel safe in the U.S.”
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