The American Immigration Lawyer’s Association has released the above flyer: Know Before You Go: Immigration Court Hearings and the Risk of ICE Arrests
Since May 2025, U.S. Immigration and Customs Enforcement (ICE) officers have been making arrests outside of immigration court buildings. If you or someone you care about has a scheduled court hearing, understanding what to expect is critical. Here’s what you need to know and how you can try to protect yourself.
What’s Happening with Immigration Court Hearings and ICE arrests?
Beginning May 21, 2025, ICE officers have been stationed outside various immigration courts across the U.S. In many instances, they are arresting individuals immediately after their hearings. This is especially common in cases where the government asks the judge to dismiss a case. Once dismissed, individuals may be taken into ICE custody and fast-tracked for deportation through a process called “expedited removal,” which eliminates the opportunity to appear before a judge again.
Who Is Most at Risk?
Expedited removal may apply to individuals who:
- Entered the U.S. without inspection and cannot prove continuous residence for at least two years.
- Had their parole (including CBP One or other humanitarian programs) terminated—even if they’ve been in the U.S. longer than two years.
You may be exempt from expedited removal if:
- You were legally admitted into the U.S. (even if your visa has since expired).
- You can prove at least two years of continuous residence in the U.S.
- You are a Cuban national who arrived by plane.
- You are an unaccompanied minor under age 18.
**Please note that individuals with expired parole are not considered “admitted” and may be placed into expedited removal even with years of U.S. presence.
What Documents Should You Bring?
If you have a court hearing and may be at risk, carry photocopies (not originals) of documents that demonstrate continuous U.S. residence for at least two years, such as:
- Lease agreements or utility bills
- Medical, school, or employment records
- Bank statements or postmarked mail dated over two years ago
Bring these documents in a secure folder to your hearing.
Expressing Fear of Return to Your Country
If you fear persecution or torture in your home country, you may be eligible for a “credible fear” interview. Tell the ICE officer:
- “I am afraid to return to my home country.”
- “I would like a fear-screening interview.”
- “I fear persecution or torture.”
These statements can pause expedited removal and allow you to speak to an asylum officer.
Before You Sign Anything
If you’re presented with any document—like a Voluntary Departure, Stipulated Removal, or Waiver—do not sign without speaking to an attorney. Signing may result in immediate deportation.
If Your Court Case Is Dismissed
Ask the judge or DHS attorney:
- Why is the government requesting dismissal?
- What has changed in my case?
- What are the consequences for me?
You can also request:
- That the DHS file their motion to dismiss in writing.
- Time (up to 10 days) to respond.
- Help from an attorney before proceeding.
If ICE Arrests You
You still have rights:
- You do not have to answer questions without an attorney.
- You have the right to contact a lawyer and your consulate.
- You can refuse a home search unless ICE shows a warrant signed by a judge.
Possible Consequences of Expedited Removal
- Deportation within 24–48 hours
- No right to appeal
- A five-year bar on re-entering the U.S.
- Future visa denials or immigration consequences
Emergency Resources
- Immigration Legal Help (ABA): Dial 2150# or call (202) 442-3363
- Court Date Info: 1-800-898-7180
- Family Support Hotline: 1-855-435-7693
- Locate Detainees: ice.gov/odls
- Find an Immigration Lawyer: ailalawyer.com
**Save these numbers in your phone today.
Action Steps to Take Now
- Talk to an immigration attorney before your next hearing.
- Gather documents proving two years of U.S. presence.
- Prepare your family: arrange childcare, share emergency contacts, and store vital documents safely.
- Stay informed and share this information with your community.
Legal Challenges Underway
Several lawsuits—including Make the Road New York v. Noem and CHIRLA v. Noem—are challenging the legality of courthouse arrests. These cases are ongoing.
Need Help?
If you’re concerned about an upcoming court date or the risk of ICE arrest, contact AVA Global, today. Our experienced immigration attorneys are here to advise and protect you.
**This is not legal advice. For specifically tailored advice, schedule a consultation.
Current as if June 16, 2025