Is ICE Arresting Immigrants at Court Hearings? What to Know Now

Yes, recent reporting describes ICE arrests connected to immigration court hearings. A federal court has also ruled against ICE’s courthouse arrest policy. This page explains what the reports describe, what immigration law says about hearings, and what to do before your next court date. Attorney Adriana Gomez is responsible for this page.

Short answer: has ICE arrested people at immigration court?

Yes. Reporting describes ICE arrests tied to immigration court hearings, and that is why many people feel uncertain before a hearing.

Immigrant Justice reports that ICE has started making arrests at immigration courts around the country. The Missouri Independent reported on immigrants released at the border who were targeted for arrest when they came to their hearings. That reporting includes an arrest outside the Miami immigration court. The American Immigration Council has covered ICE activity at Federal Plaza, the immigration court in New York City.

The picture has changed over time. New rulings and new reports keep appearing. Start with the newest reporting, and check the date on every article you read.

If you have a hearing date on your notice, you probably want to know what it means for you. The sections below take those questions one at a time.

How courthouse arrests have been challenged in court

A federal court has struck down ICE’s courthouse arrest policy nationwide, according to reporting from the ACLU. The ACLU describes the policy of conducting mass immigration arrests in courthouses as unlawful.

Courthouse News has reported that immigrants asked a federal judge to halt ICE arrests at court hearings. The government argued that a judge can’t stop those arrests because no such policy exists. That dispute shows the legal fight is still active.

A ruling about a policy is not the same as what happens at one courthouse on one day. Stories can mix a court order, an arrest, and a legal challenge together. Read each report closely before you decide what it means for your own case.

Can ICE deport you without seeing a judge?

In a standard removal case, an immigration judge makes the key decision. Under the statute, the judge decides whether a person is removable, and that decision must rest only on the evidence produced at the hearing.

If the judge orders removal, the judge must explain the right to appeal. The judge must also explain the consequences of not leaving under the order, including civil and criminal penalties.

An arrest is different from that final decision. Whether any arrest leads to a removal order turns on your history, your filings, and the stage of your case. Missing a hearing changes the picture, as the next sections explain.

What the ICE dismissal policy means for people in court

A dismissal ends the court case, but it does not settle every immigration issue. Under the regulation, when DHS moves to dismiss, the dismissal is without prejudice to the person and to the government, so it does not decide the matter for either side (8 CFR § 1239.2).

The Missouri Independent described a sequence in which immigrants’ cases were tossed and then the people were arrested outside the courthouse. Dismissal in court and arrest afterward can happen in order, so the court result alone doesn’t tell you everything.

The same regulation says an outstanding warrant of arrest is canceled when a notice to appear is canceled or proceedings are terminated. Before any court date, know where your case stands, whether a motion is pending, and what your notice says.

Are people with pending asylum cases at risk at court?

A pending asylum claim is still a case in immigration court, so your hearing dates still count. Reporting describes arrests connected to court hearings in general. It does not map out who is at risk.

Your filing history and the stage of your case shape the practical risk and your next steps. The date on your notice also matters for other reasons. For some kinds of relief, the period of continuous residence generally ends when a person is served a notice to appear, with an exception for certain cancellation requests.

For the broader framework, see our removal defense overview.

Are green card holders being deported after court hearings?

A green card does not place a person beyond the reach of removal grounds. The statute lists classes of deportable people, including people convicted after admission of certain controlled substance, firearm, and domestic violence offenses.

Conditional residents face an extra step. For conditional residents who got status through marriage, the spouses must jointly file a petition under penalty of perjury to remove the condition. Both must attend a personal interview (8 U.S.C. § 1186a). The interview generally must happen within 90 days after the petition is submitted, unless the Secretary waives it. Learn more on our removal of conditions on green cards page.

How to prepare for an immigration court hearing

Keep your notice to appear in a safe place. The notice must state the time and place of the proceedings and the consequences of failing, except under exceptional circumstances, to appear.

Update your address on time. Within five days of any change, you must file written notice on Form EOIR-33 with the immigration court where your case is filed (8 CFR § 1003.15). A move without an update can lead to a missed notice.

You may be represented at the hearing by an attorney or another qualified representative (8 CFR § 1240.3). The first hearing cannot be set earlier than 10 days after the notice is served, unless you ask in writing for an earlier date (8 U.S.C. § 1229).

Gather your notices, prior applications, receipts, and court papers in one folder. Check the notice to see how the hearing is held, whether in person, by phone, or by video. Write a family plan too. List who handles childcare, who your trusted contact is, and where important papers are kept.

If a hearing was missed or someone was detained at court

If a hearing date has passed, act quickly. Failure to appear without prior authorization may lead to dismissal of the application and an order of removal in absentia (8 CFR § 1208.10). 8 C.F.R. § 1208.10 reads: “Failure to comply with processing requirements for biometrics and other biographical information within the time allowed will result in dismissal of the application, unless the applicant demonstrates that such failure was the result of good cause.”

Written notice is sufficient if it was provided at the most recent address the alien gave, and if the alien failed to provide an address as required under § 1003.15(d), no written notice is required for the judge to proceed with an in absentia hearing (8 CFR § 1003.26). Under 8 C.F.R. § 1003.26(c), the Immigration Judge orders the alien removed in absentia when the alien fails to appear in a removal proceeding and the Service establishes, by clear, unequivocal, and convincing evidence, both that the alien is removable and that written notice of the time and place of proceedings and of the consequences of failure to appear were provided to the alien or the alien’s counsel of record. Whether exceptional circumstances apply depends on the facts.

If someone was detained, gather the notice, any A-number, passports, and every paper from the hearing. Keep copies of everything. Share them when you reach out to the firm.

Frequently asked questions