Can Immigrants Be Arrested Inside Immigration Court?

For many immigrants, walking into an immigration courtroom feels like stepping into a trap. Rumors spread fast in immigrant communities — and lately, one question keeps coming up: Can ICE actually detain you right there in the courthouse, in front of a judge? The answer is more nuanced than the headlines suggest, and understanding it could ease a lot of unnecessary fear.

What the Attorney Says

Immigration attorney Ilya Fishkin (NY Bar, 20+ years of experience) addressed this question directly. There has been widespread talk in immigrant communities that arrests inside immigration courts have been banned. That is not accurate. As Fishkin explains, no formal prohibition was ever put in place.

What actually happened is a policy change — not a legal ban. Authorities decided, on their own, to change how they operate. They chose, as a matter of internal policy, not to carry out arrests inside immigration courtrooms. This is an important distinction: a policy can be changed at any time, whereas a legal prohibition would require formal action to undo.

The key takeaway from Fishkin's assessment: if a person has no criminal history, they have nothing to fear. The current policy shift appears to be focused on individuals with criminal records. For immigrants who are attending court simply to pursue their case — asylum, removal proceedings, or otherwise — and who have a clean record, the risk of being detained in the courthouse is not what the rumors suggest.

What You Should Do

While the attorney's comments are reassuring for those without a criminal background, it's always wise to be informed and prepared. Here are some general steps to consider:

• Know your record. Fishkin's comments make clear that criminal history is the dividing line. If you have any past arrests, charges, or convictions — even minor ones — speak with an immigration attorney before your court date to understand how that may affect your situation.
• Don't skip your court date. Failing to appear in immigration court carries serious consequences. The policy change described by Fishkin applies to people who show up — not to those who avoid the process.
• Stay informed through reliable sources. Rumors in immigrant communities can spread quickly and cause unnecessary panic. Rely on attorneys and credible legal organizations for updates on enforcement policies.
• Consult an attorney if you are unsure. If you have concerns about your specific situation — your record, your case status, or your safety — get a professional legal opinion before your hearing.

FAQ

Q: Has there been an official law passed that bans arrests inside immigration courts?

A: No. According to attorney Ilya Fishkin, no law or formal prohibition was enacted. What changed is an internal enforcement policy — authorities decided on their own to stop making arrests inside courtrooms. A policy is not the same as a legal ban.

Q: Does this mean no immigrant can ever be arrested at an immigration court?

A: Not exactly. Fishkin's point is that immigrants without a criminal history have nothing to fear under the current policy. The implication is that those with criminal records may still face a different level of scrutiny. The policy is not a blanket guarantee for everyone.

Q: Should I still go to my immigration court hearing?

A: Yes. Nothing in Fishkin's comments suggests skipping court is a safe option — quite the opposite. Attending your hearing is part of the legal process. If you have concerns about your specific circumstances, consult with an immigration attorney before your date.

Based on an interview with immigration attorney Ilya Fishkin, NY Bar. This information is for general purposes only and is not legal advice.