ICE agents spotted in San Francisco and Concord immigration courts, with one reported arrest

U.S. Immigration and Customs Enforcement agents have been spotted in the hallways and waiting rooms of Bay Area immigration courts, signaling a major shift in federal immigration policy.

Agents have usually stayed away from immigration courts on the account that people who show up there typically have open cases and have been considered "hands off" until a judge orders their removal.

Attorneys said agents in plain clothes have been seen in the courts over the past three days and that one person has been detained at the Concord Immigration Court.

On Thursday, at least two ICE agents were identified by immigration attorneys leaving a San Francisco immigration court lobby.

A photo sent Wednesday to NBC Bay Area shows a white van parked in front of the court, on Montgomery Street, with Department of Homeland Security license plates. 

"We received multiple reports from attorneys who recognized plainclothes ICE agents starting on Tuesday and then again yesterday and today," said Sanika Mahajan, director of community engagement at Mission Action. "What we've observed in other courthouses across the Bay Area and Concord and Sacramento is that they'll be waiting at elevators or other entry points to ask people entering or exiting for their identification."

Sylvia Rodezno was one of the attorneys who reported seeing agents this week. In her case, Redezno said she saw two agents on Tuesday afternoon in the lobby of the San Francisco court.

"I have been practicing for eight years, and I've never seen them in the waiting room before," Redezno said. "You hear about ICE officers going to arrest immigrants at their work, school, church, and now at immigration court. It's unbelievable how [immigrants] are being targeted in this way when they are trying to follow the law and make a better life for themselves."

And it's not just the Bay Area.

As the Associated Press reported Wednesday, Homeland Security officials have been ramping up enforcement at immigration courts across the country. 

Taking enforcement to the halls of immigration courts, according to multiple attorneys who spoke to NBC Bay Area, is the latest tactic the Trump administration is using to ramp up deportation efforts.

The Department of Homeland Security did not confirm any arrests, but said the agency is taking a more aggressive enforcement policy.

"ICE is now following the law and placing these illegal aliens in expedited removal, as they always should have been," a senior DHS spokesperson 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."

Attorneys said the Federal government appears to be seeking to dismiss cases against some respondents in immigration court so that ICE agents can scoop them up when the removal proceedings are officially dropped. Traditionally, attorneys said, past administrations have dismissed cases to relieve massive court backlogs instead of a deportation tool.

"It’s a coordinated fear campaign to make immigrants afraid of coming to court, and in that way, they will not be able to exercise their constitutional due process rights, and they won’t be able to request asylum, which they might be entitled to,” said Victoria Hartanto, an immigration attorney with Asian Pacific Islander Legal Outreach, who was volunteering in court Thursday through the San Francisco Bar Association's Attorney of the Day program.

And the word appears to be spreading, creating an atmosphere of fear that attorneys worry will drive respondents to skip court hearings. 

“Today was really unprecedented," Hartanto said. "I’ve covered the juvenile docket many times before, and usually it's extremely crowded, it’s usually a packed courtroom, and today almost nobody showed up for their hearings and that’s extremely concerning to us."

Hartanto said at least 10 of 12 scheduled respondents on the docket she was monitoring were no shows in court Thursday.

“ICE's presence forces people to make a choice between risking arrest when attending court or abandoning their cases,” said Cathy Sakimura, Executive Director of Legal Services for Children in San Francisco.

Sakimura and other attorneys implored immigrants with ongoing cases to show up for their hearings, as the alternative could lead to an automatic removal order.

They encouraged people to consult with an attorney, if possible, and reach out to local rapid response hotlines if necessary.