At Joseph & Hall, P.C., we are closely monitoring an alarming trend that is affecting noncitizens across the country. ICE officers are conducting arrests at or near immigration courts, often immediately after an individual’s case has been dismissed by an immigration judge. These arrests frequently result in individuals being placed into expedited removal, a fast-track deportation process that bypasses immigration court entirely.
This evolving enforcement strategy makes it absolutely critical that anyone with an upcoming immigration court hearing consult with qualified immigration counsel before appearing in court.
What Is Happening?
Under recent ICE policy directives, officers have been encouraged to scrutinize noncitizens on the non-detained immigration court docket to determine whether they can be processed for expedited removal under INA § 235(b)(1). These cases often involve individuals without lawful status or who have recently entered the United State.
ICE has been requesting dismissal of immigration court cases, not because they are no longer interested in pursuing deportation, but instead to detain the individual and initiate expedited removal. In other words, ICE is trying to dismiss immigration court proceedings where the individuals have substantive rights and options for defending their case and deport them without bothering with immigration court at all.
What Is Expedited Removal?
Expedited removal allows ICE to deport certain individuals without a hearing before an immigration judge. Unless the person can quickly and successfully establish a credible fear of persecution or qualify for specific protections, they can be deported within days—and often without access to legal counsel or family support.
Why This Matters
Dismissal of an immigration court case does NOT mean the individual is safe. ICE may be seeking to immediately detain the individual after the immigration judge dismisses proceedings to then put them into expedited removal. Once in expedited removal proceedings, the individual may not get another day in court as expedited removal is designed to bypass the traditional court system.
What Should Potentially Affected Individuals Do
If you or a loved one has an upcoming immigration court hearing, we urge you to take the following steps:
- Consult with an experienced immigration attorney before your hearing.
Even if you’ve been told that your case will be dismissed, you must understand the full implications.
- Don’t agree to dismissal without knowing your risks.
In many cases, what seems like a favorable outcome may result in detention or deportation. Consider requesting time to research and submit written arguments opposing dismissal so that the immigration judge does not order dismissal during the hearing. If the immigration judge does dismiss the case, reserve appeal.
- Be prepared for potential arrest.
Discuss with a qualified immigration attorney what the plan would be if detained.
Every immigration case is different and in today’s environment, anyone in immigration court or dealing with any immigration agency should do everything possible to be prepared and armed with every possible argument. If you are facing an immigration court hearing or a motion to dismiss, we strongly recommend that you speak with an experienced immigration attorney before attending court.
Our team at Joseph & Hall, P.C. is ready to help you evaluate your options, safeguard your rights, and prepare for the unexpected.
Schedule a consultation with us today
