ICE Arrests Migrant Deemed Mentally Impaired by Judge as He Exits Immigration Court: 'He's Clearly Not Understanding the Questions'

A migrant man whose mental competence was questioned in open court was arrested by Immigration and Customs Enforcement officers moments after his immigration hearing in San Francisco on Thursday. Law enforcement proceeded despite a judge's explicit concerns about his ability to participate in legal proceedings.

The man, who was only fluent in Mam, a Mayan language primarily spoken in Guatemala, muttered to himself throughout the hearing and was unable to answer basic questions from Immigration Judge Patrick O'Brien, including his home address.

"It's obvious to me that there are competency issues," said O'Brien, as Mother Jones reports. O'Brien added that the man appeared confused even after a Mam interpreter was eventually located to assist. "He's clearly not understanding the questions."

O'Brien denied a Department of Homeland Security attorney's initial request to dismiss the man's case, a move that could have led to expedited removal, and instead granted a continuance, allowing more time for the man to find legal representation. Still, within minutes of leaving the courtroom at 630 Sansome Street, he was arrested by ICE agents, one of at least three arrests that morning witnessed by reporters.

Over the past several weeks, more than 30 immigrants have been arrested by ICE at or just outside San Francisco's immigration courts, even when judges have not approved dismissals or deportation orders, as Mother Jones also reported earlier this week.

On Thursday, two women also had their cases dismissed or delayed by DHS motions and were arrested as they exited their hearings. O'Brien warned one of them, "I am pretty sure you won't be coming back to my court," and advised both to seek legal help quickly. Both women began crying during their hearings. One said through an interpreter, "How am I supposed to respond to this motion if I don't understand it?"

The arrests occurred in the absence of court-appointed attorneys, leaving legal advocacy groups scrambling to respond after the fact. Attorneys with the "Attorney of the Day" program, who typically monitor proceedings and alert legal networks, were not present that morning.

The piece comes days after a new report from Disability Rights California, which documents deteriorating conditions for disabled immigrants inside California's Adelanto Detention Center, including insufficient access to medication, food, clean clothing, and communication with family. "Many had never experienced incarceration before," the report notes. "They felt overwhelmed and terrified."