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11:43Now PlayingAttorneys Brian Kabateck and Shant Karnikian cover The New York Times' report that ICE is now using Secure Flight, a counterterrorism database built after 9/11 to screen airline passengers for terrorists, to arrest legal immigrants with pending visa applications right at the airport gate. What began as a program targeting people with final deportation orders has expanded to sweep up spouses of U.S. citizens, asylum seekers, and work-visa holders who are following the process and still awaiting a government decision. Brian details real cases: a 27-year-old au pair arrested boarding a flight despite a pending status application and a $30,000 bond, a Ugandan asylum seeker with sickle cell anemia detained from her wheelchair, and a Southwest flight attendant arrested mid-shift in Nashville. Shant lays out the legal exposure: a due process argument for arresting people before their pending applications are adjudicated, and a Fourth Amendment challenge to repurposing counterterrorism data for civil immigration enforcement without any rulemaking. Brian and Shant argue this is a textbook Administrative Procedures Act violation, the same framework that keeps sinking Trump administration actions in court. Shant's bottom line: this is a quiet, plainclothes dragnet operating at the jet bridge, and it's headed straight for a legal fight.
Kabateck LLPCall 184474CIVIL for a free case evaluation or visit us at
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