SAN DIEGO (AP) — Just one week prior to his scheduled immigration court hearing in San Diego, Chancely Fanfan received an unexpected letter from the Department of Homeland Security instructing him to show up at what he anticipated would be a standard check-in with U.S. Immigration and Customs Enforcement (ICE). However, on October 20, after arriving with his wife and their 11-month-old baby, Fanfan was unexpectedly arrested by immigration officers without any stated reason.

Fanfan, who has been compliant with all prior legal obligations since his arrival from Haiti last year, has no criminal background. His detention, alongside other immigrants who were also arrested post-check-in, is being challenged in a federal lawsuit filed in the Southern District of California by the Center for Immigration Law and Policy and the Center for Human Rights & Constitutional Law.

The lawsuit argues that these detentions occur without due process, asserting that many individuals, like Fanfan, had previously been assessed and released by DHS. The petition states that Petitioners have had no criminal contact since their prior releases from DHS custody, and two petitioners have no criminal history of any kind. This alarming trend of detaining individuals checking in with ICE seems to have escalated notably since early October.

Moreover, the detaining procedures have sparked widespread criticism. Several observers report a rise in similar arrests at ICE's San Diego office, with instances of individuals being handcuffed and escorted away after check-ins becoming increasingly common. A petition to classify this action as unlawful aims to protect others caught in similar predicaments.

Fanfan's case underscores crucial issues of immigrant rights, the legal obligations of ICE, and the implications of sudden detentions, leaving many in fear as they navigate the complexities of U.S. immigration policy.