Court Limits ICE Access to Immigrants in Deportation Defense
Immigrants across the US are skipping their own immigration court hearings — not because they want to lose their cases, but because they fear ICE will arrest them the moment they walk through the door. A landmark lawsuit is now challenging that practice directly. The outcome could change how deportation defense works for hundreds of thousands of people.
A major legal case — American Immigration Council v. Executive Office for Immigration Review — is challenging how ICE (Immigration and Customs Enforcement) operates around immigration courts. The lawsuit argues that ICE has been arresting immigrants who come to court for their scheduled immigration court hearings, even when those people came voluntarily to defend themselves. This practice, critics say, discourages immigrants from showing up to court at all — including asylum seekers in the USA and people in the middle of a green card application.
Why This Case Matters for People in Removal Proceedings
When you are in removal proceedings (the official legal process where the government tries to deport you), you have the right to appear before an immigration judge and present your case. That could mean applying for asylum, asking for a bond hearing (a hearing where a judge decides if you can be released from detention while your case continues), or showing evidence that you have the right to stay in the US. If immigrants fear being arrested the moment they walk into court, many may skip their hearings entirely — which almost always leads to a deportation order issued without them present.
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The American Immigration Council argues that courthouse arrests undermine the entire deportation defense process. Immigration lawyers have raised alarms that clients — including people with pending work permit (EAD) applications, TPS (Temporary Protected Status) holders, and DACA recipients — are afraid to attend hearings they are legally required to attend. Missing a hearing can result in an automatic removal order, which is extremely difficult to reverse.
What to Do
- Do not skip your immigration court hearing. Missing a hearing almost always results in a deportation order against you, even if you have a strong case.
- Know your rights before you go to court. You have the right to have an immigration lawyer represent you at your hearing. If you cannot afford one, look for free legal aid organizations in your area.
- If ICE approaches you at or near the courthouse, stay calm. Lawyers recommend you do not answer questions about your immigration status without an attorney present. You have the right to remain silent.
- Talk to an immigration lawyer as soon as possible if you are in removal proceedings, have a pending green card application, or are worried about an upcoming court date.
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If you are in removal proceedings, your appearance at every scheduled hearing is not optional — a single missed hearing can result in an in absentia removal order (a deportation order issued without you present), which is very hard to reopen. Under current law, you do have the right to remain silent if approached by ICE and the right to speak with an attorney before answering any questions about your status. Given the uncertainty around courthouse enforcement, anyone with an upcoming hearing — whether they are pursuing asylum, a bond hearing, or any other form of deportation defense — should consult an immigration attorney before that date.