After witnessing his son Aliaksandr Baluty get detained by six U.S. Immigration and Customs Enforcement (ICE) officers right after an immigration court hearing, Vadzim Baluty felt he had made a grave mistake.
Accompanying his son to his first asylum court appearance, Vadzim agreed last month when ICE lawyers proposed dropping a lawsuit against Belarusian immigrants.
“We felt like we were falling into a judicial trap,” he remarked during an interview through a Russian interpreter.
Once they exited the court, ICE officers informed them that Aliaksandr would be deported in three days.
Across the country, ICE prosecutors are increasingly dismissing lawsuits against immigrants to expedite their deportation process.
This firing might seem like the conclusion of a legal battle remaining in the county, but instead, it’s being replaced by ICE agents.
Rekha Sharma-Crawford, an immigration lawyer and member of the American Immigration Bar Association (AILA), describes it as “bait and switching.”
“It’s troubling because people who do the right thing, like appearing in court, think they receive good news with their case dismissal. But, they end up being arrested by ICE agents on their way out,” she explained.
Vadzim, a 47-year-old Belarusian political activist granted asylum in 2022, assumed ICE knew about his efforts to bring his son to the U.S. He didn’t expect that Aliaksandr, now 21, would face deportation after entering the country legally. His son had waited seven months for an appointment secured through the Biden administration’s CBP One app.
This situation arose from a shift in policy from the Trump administration, which broadened the grounds for quick removals from the U.S.
Previously, the quick removal policy applied only to immigrants who had entered within two weeks and were close to the border, but the Trump administration expanded this to immigrants up to two years post-entry, regardless of location in the U.S.
Critics argue this circumvents legitimate legal processes and uses ICE agents who sometimes don’t wear uniforms or identify themselves properly.
Rep. Dan Goldman (D-N.Y.) observed this firsthand last week in immigration court, where he saw ICE lawyers dismiss a case after agents arrested an immigrant leaving the courthouse.
“The Department of Homeland Security has initiated coordinated efforts to dismantle the legal framework for nonviolent and noncriminal immigrants trying to enter the U.S. through proper channels,” he stated.
“By recommending the dismissal of cases, the Department effectively removes asylum applications from the courts and allows ICE agents to arrest these individuals, placing them under different authority than what was previously accepted.”
Sharma-Crawford noted that this process can be especially confusing for individuals representing themselves in court.
Many may not recognize they are interacting with undercover officials and may feel uncertain about their next steps.
Those under rapid removal protocols have no right to a hearing; however, if they fear persecution upon return to their home country, they can ask for an interview with an asylum officer. If they pass the screening, their case might return to immigration court.
Vadzim then sought the help of lawyer Malinda Schmiechen for his son’s case.
During a visit to register for military service, Aliaksandr relayed that officials made thinly veiled remarks about his father, telling him to “love his homeland.” One official even said, “You will be in the army for your father.”
“I warned him that I might face punishment in the Army because of my father,” Aliaksandr shared with the asylum officer, according to the interview transcript provided by his lawyer.
Following his father’s advice, Aliaksandr fled to nearby Georgia that night. Military personnel later arrived at his mother’s house with forged draft documents, threatening to charge him as a draft dodger.
However, Schmiechen learned Thursday night that asylum officials rejected these claims, labeling them a “betrayal of those around them.”
“I believe this is a betrayal of our laws, America—a sanctuary for many—and a betrayal of young Aliaksandr, who is fleeing for his life to live peacefully with his family,” she stated.
“It’s a betrayal because the government lawyers are disregarding the law in their dismissal arguments, fully aware that this would lead to Aliaksandr’s detention. The U.S. government is unnecessarily detaining Aliaksandr.”
The arrest comes amid widespread dissatisfaction in the GOP regarding the immigration court system.
The Department of Homeland Security has defended the court’s arrest practices and rapid removal protocols.
“Most individuals who have illegally entered the U.S. within the past two years are subject to rapid removal. Biden has overlooked this legal reality and allowed millions of undocumented individuals, including violent offenders, to remain with pending notices before immigration judges,” officials said.
“If valid claims for fear exist, individuals will continue through the immigration process. However, if no credible claims are found, they will face rapid deportation.”
Goldman criticized ICE for using plainclothes officers, recounting his observations of agents taking pictures of those arrested and often wearing masks.
“When I inquired about the masks, one of them said it was because it was cold. When I pressed him if he would testify to that under oath, he walked away without responding,” he described.
“Others admitted they wore masks to avoid being recorded on video. I questioned, ‘If your actions are legal, why the need to cover your face?’”
Schmiechen is hastily exploring other options for Aliaksandr, including requesting that his credible claims be reviewed by immigration judges. If that route fails, she is prepared to escalate the matter to federal court.
“I feel like time is running out,” she expressed.
For Vadzim, this ordeal feels eerily similar to his experiences in Belarus.
“This is how it all began,” he remarked.
The arrest of his son occurred just steps from the courtroom door in under a minute, leaving him in shock. He never envisioned that saying “stop the prosecution” would lead to their separation.
“It’s starting to remind us that we are not living in a free country. What’s happening today closely resembles the birth of dictatorship when political issues are taken resolutely,” he stated.
“I don’t feel safe now. None of the immigrants feel safe in the U.S.”
