Fresno’s courthouse should not be an arresting field for ICE agents

When federal immigration agents catch an undocumented person, especially one facing criminal charges, that’s a good thing, right?

Yes — and no. It’s not good if the agents nab someone waiting for a hearing at Fresno Superior Court, as happened earlier this week, and thus circumvent the judicial process.

Juan Gutierrez Morales, 30, was waiting in Superior Court Tuesday for his case to be called. He was arrested in April for allegedly forging driver’s licenses and identification cards, as well as having forged documents. His felony case was under way.

But Immigration and Customs Enforcement agents found Morales waiting in the courthouse and arrested him on the spot without his attorney present.

Morales, of Huron, had previously pleaded not guilty and posted $80,000 bail, and his lawyer, Alberto Garcia, said Morales had made all his court appearances to that point and stayed clear of trouble. But now his local case will be suspended, pending ICE’s action.

To be clear, ICE agents have the job of sending back to their home countries anyone in America who is not a U.S. citizen or does not have legal status. ICE also focuses on criminals and fugitives, which is proper.

The problem is when ICE agents abuse the sanctity of the courts to make their arrests.

Sheriff Margaret Mims unfortunately does not see anything wrong. Her spokesman told The Bee that ICE agents have the right to be in the courthouse whenever they want. “This is a state building. They have access,” Tony Botti said. Mims’ approach is consistent with how she lets ICE agents check inmates in the county jail for possible deportation.

But Judge David Gottlieb, who was scheduled to hear Morales’ case Tuesday morning, expressed his displeasure with ICE on Wednesday. “The court will make the record that I don’t think it’s appropriate for them to be removing him from court,” Gottlieb said, noting Morales hadn’t had the opportunity to go before the judge.

A leading local conservative backer of President Trump and his anti-immigration agenda took to social media to opine that courts never should be considered as “sacred” places where ICE agents cannot nab unsuspecting people.

But without that assumption of safety, justice grinds to a halt, a concern raised by no less than California Chief Justice Tani Cantil-Sakauye.

Last year she asked U.S. Attorney General Jeff Sessions in a letter to have federal immigration agents stop “stalking undocumented immigrants.”

Cantil-Sakauye has two chief reasons for that request: One, such arrests create a chilling effect in the community of undocumented people who have reasons to go to court, either as suspects, victims or witnesses. If such persons fear they will be picked up by ICE agents, they won’t step foot in the courthouse — and that stalls or even ends cases for both prosecutors and defense attorneys.

Second, the chief justice points out that our government is formed on the separations of powers. “We want the courthouse to be a safe place because the Legislature passes laws that protect everyone in California and we in the judicial branch believe in equal access to justice,” she said in a lecture at San Jose State University.

Lest you think Cantil-Sakauye is a liberal, she is a Republican who was appointed to the bench in 1990 by then-Gov. George Deukmejian (a Republican) and who was later nominated for the high court by then-Gov. Arnold Schwarzenegger (also a Republican).

The practice of ICE agents detaining people inside courthouses is controversial enough that the agency has created a frequently-asked questions section on its website about the practice. Its short answer: “ICE’s enforcement activities in these same courthouses are wholly consistent with longstanding law enforcement practices nationwide. “

That may or may not be true, but one legislator is working to end courthouse raids in California. State Sen. Ricardo Lara, a Long Beach-area Democrat, is authoring Senate Bill 183, which would prohibit ICE from making arrests in courthouses and court proceedings. “California must protect the public’s right to participate in court proceedings and permit the courts to fulfill their responsibility to our society,” he told The Bee.

Given that the chief justice’s request to Attorney General Sessions was ignored, Lara’s bill, as well intentioned as it is, may not make much difference with federal officials. This editorial likely won’t result in any changes, either. But for the record, and in the name of justice, courthouse arrests by ICE agents need to stop immediately. There are plenty of other places where immigration officers can carry out their enforcement actions. Let’s return Fresno Superior Court to its rightful place of safe and fair justice for all.

This story was originally published July 27, 2018 at 10:46 AM with the headline "Fresno’s courthouse should not be an arresting field for ICE agents."