ACLU considers legal action after ICE detentions at Virginia courthouses

CHESTERFIELD COUNTY, Va. (CN) —The American Civil Liberties Union is investigating reports of immigration officials detaining people in Virginia courthouses.

“The right to access the courts is a fundamental one, because all other rights depend on it — but Virginians who rely on the protection of the courts will be forced to go without it if ICE’s presence means Virginia courthouses are no longer safe,” ACLU of Virginia executive director Mary Bauer said in a statement on Thursday.

Brandon Jarvis of Virginia Scopes and Brad Kutner of RadioIQ first reported that Immigration and Customs Enforcement officials were lingering in the hallways of the Chesterfield County General District Courthouse on Tuesday. Chesterfield Sheriff Karl Leonard said in a press release that officials detained 14 people in the three business days between last Friday and Tuesday.

“All 14 were defendants appearing off the street for court appearances in our General District Court for a myriad of both misdemeanor and felony offenses,” Leonard said. “None of the 14 were incarcerated at the time.”

Virginia’s Republican lawmakers celebrated the detentions, touting the efforts of immigration officials.

“We have a statewide collaboration and partnership between state police, ICE, FBI and DEA working to make sure that violent criminals who are here illegally are arrested,” Republican Governor Glenn Youngkin told reporters at an event on Tuesday. “So the fact that there have been some arrests at the Chesterfield County Courthouse makes sense because they have been arrested, they clearly are here illegally and, therefore, that’s part of our statewide effort.”

Republican State Senator Glenn Sturtevant told Virginia Scopes that those fearing ICE should self-deport.

“It’s a good reminder to illegal aliens that this is the alternative to self-deportation,” Sturtevant said. “In our compassion and generosity, the American people will even pay for your plane tickets so everybody can stay together and travel back to your home country in comfort.”

Mark Early, a Republican state delegate, echoed the sentiment on social media.

“Keeping Chesterfield’s neighborhoods safe is a top priority of mine. That includes supporting lawful cooperation between our local law enforcement and federal immigration authorities,” Early said on X, formerly Twitter. “As a defense attorney, I also believe strongly in due process and fair treatment under the law. I’ve been in contact with our Sheriff, and at this time, operations appear orderly and safe.”

Jessica Schneider of the Chesterfield Board of Supervisors disputed the notion that ICE officials only targeted violent criminals. Schneider told reporters on Wednesday that ICE detained Salvador Calderon, who appeared in court for a traffic infraction.

Democratic Delegate Michael Jones of Richmond issued a statement condemning ICE’s use of courthouses.

“The courthouse stands hallowed ground without our constitutional republic — a sanctuary where justice is sought, where due process manifests, where the rights of the individual are to be zealously protected against the awesome power of the state,” Jones said. “When ICE agents transform this space into a site of apprehension, they desecrate the very temple of justice their oath of office obligates them to uphold.”

Jones warned that ICE’s action could lead to immigrants not appearing in court.

“When immigrants fear that appearance at court — whether as defendants, witnesses or family members — may result in detention and possible deportation, the machinery of justice itself becomes compromised,” Jones said. “Witnesses refuse to testify, victims decline to report crimes and those seeking the protection of the law retreat into the shadows.”

The question over the legality of immigration officials camping out in courthouses remains murky, as some consider it a violation of due process. Virginia’s Republican Attorney General Jason Miyares, a Cuban American, disagrees.

“One, they’re here illegally. They have committed violent felonies. Or two, I would remind my friends in the press there are 1.4 million illegal immigrants that have already had a deportation hearing. In other words, they’ve already been in front of a judge,” Miyares said at an event. “A judge already heard their case, adjudicated the case, and said you can’t stay in this country. And under the previous administration, despite that, nothing ever happened. And so what you’re seeing overwhelmingly are people that have already had their day in court.”

The recent detentions follow a raid ICE carried out in Albemarle County’s courthouse in April. According toVirginia Public Media, three officials in plainclothes detained two immigrants.

“We won’t let our judicial system be corrupted into a despotic mechanism for masked men to ‘disappear’ Virginians,” Bauer said. “ICE doesn’t keep us safe: we do.”