Photo by the Jopwell Collection on Unsplash

In a harrowing incident that underscores the complexities and challenges of the U.S. immigration system, two teenage brothers from El Salvador were detained by U.S. Immigration and Customs Enforcement (ICE) during a routine check-in. Jose and Josue Lopez Diaz were brought to a regularly scheduled ICE appointment by their mother Alma, who was trying to follow the law by having them check in.

Their case highlights significant legal concerns regarding due process, the treatment of minors, and the transparency of immigration enforcement practices. 

The Lopez Diaz brothers have been here since 2016, almost a decade, and have no criminal history. They were applicants for Special Immigrant Juvenile Status  (SIJS),  a typically straightforward immigration legal process for youth who have been abandoned by at least one of their parents. This routine ICE appointment was not the first time the brothers had had a check-in with the government, and their mother had previously accompanied them with no adverse actions. Without prior warning or explanation, the brothers were detained and their mother Alma was told that they would not be returning. 

The Fifth Amendment of the U.S. Constitution guarantees due process rights, including against arbitrary detention. The abrupt detention of Jose and Josue, without prior notice or an opportunity to contest the action, highlights the grave violations of constitutional protections that seem to be taking place. This is not an isolated incident. Reports indicate a troubling trend where individuals with no criminal records, including minors, are being detained during routine ICE check-ins. 

As a society these situations should trouble us, as detention without due process is a terrifying violation of the Constitution, but even more worrisome in this circumstance is the fact that minors were detained. U.S. law provides specific protections for minors in immigration proceedings, recognizing their heightened vulnerability. The sudden separation from their family and community raises questions about the adequacy of protections afforded to minors under current immigration policies. 

If you need assistance with applying for an immigration status or advice on your current status, please reach out to us at (757) 422-8472, or send us a message on our website. You can also schedule an appointment with one of our attorneys by clicking on this link.