Recently Immigration and Customs Enforcement (ICE) agents have appeared at immigration courts across the country and have detained many individuals at the conclusion of their hearings. These arrests are part of a broader deportation effort that targets foreign nationals who may have entered the U.S. within the past two years.
If you or someone you know is in removal proceedings or is scheduled to appear in immigration court, here’s what you need to know — and what to do if ICE targets you.
ICE has been focusing on:
ICE officers wait in hallways or outside courtrooms to arrest individuals as they exit courtrooms. This unprecedented enforcement action raises serious concerns regarding violations of due process and the chilling effect this may have on individuals’ ability to pursue lawful relief in court.
If you are in immigration court and the Department of Homeland Security (DHS) attorney requests that your case be dismissed or terminated — this could be a sign that ICE intends to you once you leave the courtroom- especially if you have been in the U.S. less than two years. Generally, ICE cannot remove you from the United States if you have a case pending before the immigration court.
Here’s what you can do to try and prevent your case from being dismissed by the immigration judge:
Under 8 CFR §1003.23(a), you have the right to request that DHS submit a written motion explaining the reasons for wanting to terminate or dismiss your case. This gives you time to consult with an attorney before the judge makes a decision
If the judge allows DHS to make an oral motion, ask for at least 10 days to respond. This pause can be critical in consulting with an attorney, developing a legal strategy, and understanding the risks you face, so that you can provide reasons why the government’s motion should not be granted.
Make sure to reserve your right to appeal on the record and contact an immigration attorney immediately. This preserves your ability to challenge the decision and protect your rights.
If you have been in the U.S. less than two years and do not have legal status, you may be vulnerable to expedited removal — a fast-track deportation process that often bypasses the court system altogether. However, you may have options, such as:
Every case is different, and it is critical to talk with an experienced immigration attorney before making any decisions. We strongly urge anyone who has received notice of an immigration court hearing or is concerned about a pending case to speak with an attorney as soon as possible. The current enforcement environment demands caution, preparation, and knowledge of your rights.
At Delgado Rompf Bruen LLC, we are closely monitoring these developments and are here to help. If you or someone you know is facing removal proceedings or has questions about ICE enforcement actions, contact us at 312-216-5116 or visit https://drbimmigration.com/contact-us/ to schedule a consultation.
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