Attorneys and their clients attending hearings Wednesday at Concord Immigration Court, just a day after ICE agents detained four people there, were uneasy as they conducted their business.
The court, which opened in February 2024 to serve 10 northern and central California counties, including Contra Costa and Alameda counties (except for Oakland), has become the latest of a series of confrontational flashpoints statewide involving federal immigration enforcements.
In the building’s elevator Wednesday, Walnut Creek immigration attorney Lee Ratner huddled with his client, an Indian national, who had just lost an asylum case. As the doors opened to the lobby, Ratner tensed.
“I’ll call you soon,” he whispered. “Go fast.”
Outside the building, as his client drove away, Ratner described the heightened stakes.
“With the ICE arrests, I just wanted to get out ASAP,” he told Richmondside. “Normally, I would go into one of the pro bono rooms and get an interpreter. Now it’s just ‘get out,’ because you don’t know where ICE is these days.”
In recent weeks, according to a report from KRON, Immigration and Customs Enforcement agents have appeared at the Concord court a couple of times a week to arrest migrants who lost their asylum cases. Tuesday marked the first public confrontation between protestors and ICE agents.
Activists criticized the court when it opened, fearing that the new center, about 45 minutes east of Richmond in a modern-looking multi-story office building with rows of shiny windows, would increase and expedite deportations without due process, KTVU shared.
What does the Concord Immigration Court do?
The Concord Immigration Court, according to its website, is a federal entity that falls under the jurisdiction of the Office of the Chief Immigration Judge, a component of the Executive Office for Immigration Review under the U.S. Department of Justice (DOJ).
Immigration courts process deportations for the DOJ. A person suspected of violating an immigration law will receive a notice to appear informing them of the charges against them. At that proceeding, called a master calendar hearing, a judge will process multiple individuals at once, explaining their alleged violation, rights, and responsibilities.
There, individuals may file an asylum application and schedule future hearings, such as their individual merit hearing, where immigrants present evidence on behalf of their eligibility to remain in the United States.
Unlike in criminal cases, the government does not need to provide immigrants with legal counsel, meaning they either represent themselves or hire private counsel.
Navigating the system without representation can be daunting, as defendants are required to submit all documentation in writing, in English, at least 30 days before their trial. And if they want help, the Executive Office for Immigration Review Policy Manual is 42 chapters.
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“No matter what you hear or what you see on the news. I strongly advise you to come to court.”
— Judge Jeremy Butler, Concord Immigration Court
Immigrants without an attorney will only win asylum in 20% of cases, KTVU reports, compared to those with representation, who win roughly 70% of the time.
While those statistics may be discouraging, immigrants are advised not to miss a hearing date and to make sure the court has their current address to avoid being subjected to a deportation order.
ICE raids at courthouses may have the effect of putting more pressure on immigrants without documentation who already have limited options. Ratner sees such tactics as seeking to dissuade immigrants from appearing in court.
“I don’t think this administration is going to back down,” Ratner said. “They will probably be back here.”
Up on the ninth floor of the Concord court Wednesday, Judge Jeremy Butler presided over a master calendar hearing.
Once an applicant has filed for asylum, they may apply for a work permit. Asylum cases will take place over many sessions, Butler explained to the courtroom, and most immigrants must wait more than three years for a court date.
“The purpose of this case is to determine if there is a legal way for you to stay in the U.S.,” Butler told an El Salvador national living in San Pablo, as the woman who accompanied him carried a crying baby out of the room.
As the initial hearing concluded, Butler announced a trial date for the group: September 2028.
“No matter what you hear or what you see on the news,” Butler told them, “I strongly advise you to come to court.”
