Trump-appointed judge trashes administration for 'unimaginable cruelty'

U.S. district Judge Gary Brown of the Eastern District of New York has blasted ICE's detainment of an honors student who was swept up in a raid despite his Special Immigrant Juvenile (SIJ) status.

Honduran national Hester Asaf Garcia Lanza, who came to the U.S. at age 9, lived and worked lawfully in the U.S. for years under the SIJ status before being arrested in an ICE/DHS sweep. Despite his legal certifications, removal proceedings were initiated and his deferred action and work authorization were revoked.

Even after the court set terms of Garcia Lanza's release after discovery of his legal status, ICE imposed additional unsanctioned conditions and DHS piled on with a hefty fine to offset his illegal apprehension.

Brown’s outrage at those actions was clear in his ruling.

“This isn’t how things are supposed to work in America,” Brown wrote.

The judge has been a staunch defender of immigrant rights, but was particularly incensed by this situation in his ruling. He cited the arrest of Garcia Lanza without a judicial warrant or legitimate basis for detaining someone with SIJ status who has no criminal record as particularly egregious.

Calling the government agency actions “unimaginable cruelty,” Judge Brown wrote, "The laws of human decency condemn such villainy.”

The full text of Brown’s order has not been published, but the available filings show Brown said DHS was found in violation of statutory and constitutional protections. He also ordered that Garcia Lanza’s SIJ status be restored, and that he be either released or provided a bond hearing.

Brown’s order will have an impact for others being detained despite lawful immigration status or statutory protections like SIJ status. It underscores that the executive branch cannot override basic constitutional and statutory safeguards, including proper warrants and respect for SIJ protections.

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