Beginning May 21, 2025, U.S. Immigration and Customs Enforcement (ICE) has deployed officers outside immigration court buildings, initiating arrests of noncitizens as they exit courtrooms. These arrests, which in many cases lead to expedited removal—a fast-tracked deportation process—pose serious risks for foreign nationals, particularly those without formal admission or proof of long-term residence.
This blog outlines who is at risk, what rights individuals have, and how to prepare legally and practically.
Who Is Being Targeted?
ICE arrests individuals after immigration court proceedings, especially when the Department of Homeland Security (DHS) dismisses a case. In many of these instances, ICE has immediately taken the person into custody, triggering expedited removal proceedings without a return to court.
At Higher Risk:
- Individuals who entered without inspection and cannot prove two years of continuous U.S. presence
- Individuals whose parole has expired or been revoked, including CBP One and humanitarian parole recipients—even if present in the U.S. for over two years
Who Is Generally Exempt from Expedited Removal?
Some individuals are exempt from this process, including:
- People who were inspected and admitted, even if they overstayed their visa
- Individuals who can show two years or more of continuous residence
- Unaccompanied minors under 18
- Cuban nationals who arrived by plane
However, parolees are not considered “admitted” under immigration law. If parole status is revoked, they may face expedited removal regardless of prior duration of stay.
How to Prepare for Immigration Court
To reduce risk, bring documentation proving long-term residence in the U.S. Examples include:
- Rental or lease agreements
- Utility bills, medical records, or school documents covering a two-year period
- Postmarked mail older than two years
- Pay stubs or employment letters
Always bring photocopies—not originals—and store them in a clearly labeled folder when attending court.
If ICE Approaches You Outside Court
You have legal rights, even in expedited removal situations:
- Right to remain silent – You do not have to answer questions without an attorney
- Right to an attorney – If detained, you may request legal counsel
- Right to consular access – You can contact your home country’s consulate
- Right to refuse home entry without a judge-signed warrant
If You Fear Returning to Your Home Country
Clearly express your fear using these words:
- “I am afraid to return to my home country.”
- “I would like a fear-screening interview.”
- “I fear persecution or torture.”
These statements may initiate a credible fear interview, which pauses expedited removal and allows you to speak with an asylum officer.
If DHS Requests Dismissal of Your Case
Before your hearing ends:
- Ask: “Why is the government requesting dismissal of my case?”
- Request DHS submit the motion in writing
- Ask for 10 days to respond and find legal counsel
Being proactive protects your right to respond and understand the consequences before a case is closed.
Potential Consequences of Expedited Removal
- Deportation within 24–48 hours
- No right to appeal
- Five-year reentry ban
- Long-term difficulty obtaining U.S. visas
- Separation from U.S.-based family
Emergency Checklist
- Save critical numbers:
- Immigration Court Info Line: 1-800-898-7180
- Detained Person Locator: ice.gov/odls
- Legal Help Line: (202) 442-3363
- Family Hotline: 1-855-435-7693
- Talk to an immigration attorney before your court date
- Secure documents proving U.S. presence
- Notify trusted family and friends about your situation
Legal Challenges Are Ongoing
Multiple lawsuits, including Make the Road New York v. Noem and CHIRLA v. Noem, are contesting the legality of ICE arrests outside courthouses. Until courts rule, the policy remains active. Individuals at risk must act swiftly and know their rights.
Ahluwalia Law Offices offers personalized legal strategy and representation to ensure your rights are protected. Contact us today.
