ICE Arrests at Immigration Courts
ICE Arrests After Court Hearings: A New Enforcement Pattern
Starting in May 2025, ICE (U.S. Immigration and Customs Enforcement) began arresting noncitizens immediately after they attended their immigration court hearings. These arrests typically occur as individuals are leaving the courthouse—sometimes even after the government has moved to dismiss their immigration court case.
This shift has major implications for noncitizens, their families, and advocates alike.
Who Is at Risk?
ICE is targeting individuals for arrest outside immigration courts, including those:
- With pending hearings in removal proceedings
- Whose cases have been dismissed by an immigration judge
- Who entered the U.S. without inspection and cannot prove two years of continuous presence
- Whose humanitarian parole or CBP One parole has been revoked or expired
What Is Expedited Removal?
Expedited removal is a fast-track deportation process where a person:
- Does not appear before an immigration judge
- Can be deported in as little as 24 hours
- Is barred from reentering the U.S. for five years
- May face long-term consequences for future immigration petitions
How Can You Protect Yourself?
You are generally NOT subject to expedited removal if you:
- Entered the U.S. legally (with a visa, even if now expired)
- Can show two or more years of continuous residence in the U.S.
- Are an unaccompanied minor under age 18
- Are a Cuban national who arrived by plane
Important: If your parole has ended, you may be subject to expedited removal even if you’ve lived in the U.S. for years.
Documents That Can Help You Prove Two Years of Residence
Carry photocopies (not originals) of:
- Lease or rental agreements
- Utility bills or bank statements covering two years
- Medical, school, or employment records
- Mail postmarked more than two years ago
Keep these documents in a clearly labeled folder and bring them to court.
If You Are Afraid to Return to Your Country
Tell ICE officers the following statements clearly:
- “I am afraid to return to my home country.”
- “I would like a credible fear interview.”
- “I fear persecution or torture.”
Using these exact words may pause the expedited removal process and give you a chance to apply for asylum or related protection.
Before You Sign Any Paperwork from ICE
NEVER sign anything labeled:
- Voluntary Departure
- Stipulated Removal
- Waiver
…without speaking to a lawyer. These can result in immediate deportation.
If Your Case Is Being Dismissed in Immigration Court
Ask the judge:
- Why is the government dismissing my case?
- What has changed since my last hearing?
- What happens to me if this case is closed?
You can also request:
- That DHS submit the dismissal request in writing
- 10 days to respond to the motion
- Time to consult an attorney
If You Are Detained by ICE
You still have rights:
- The right to remain silent
- The right to speak to an attorney
- The right to contact your consulate
- The right to refuse home entry without a signed judicial warrant
Emergency Preparation Tips
- Save key numbers in your phone (attorney, consulate, emergency contacts)
- Discuss custody arrangements for children and store important documents in a safe place
- Have emergency funds available
- Let trusted family or friends know your court date and check in with them afterward
Helpful Contacts
- Emergency Legal Help: 2150# or (202) 442-3363
- Court Date Line: 1-800-898-7180
- Family Support Hotline: 1-855-435-7693
- Locate Detained Individuals: ice.gov/odls
Legal Challenges Underway
Civil rights groups have filed lawsuits—Make the Road NY v. Noem and CHIRLA v. Noem—challenging the legality of courthouse arrests. Until there is a ruling, preparation is your best protection.
Need Help? We’re Here for You.
If you or a loved one has an immigration court date approaching, or you’ve received a notice of case dismissal, consult an immigration attorney immediately. Our office is here to protect your rights and help you avoid detention and deportation.
