ICE Arrests at Court

Today, I want to talk to you about something deeply disturbing that has happened in our Phoenix immigration courts and can affect thousands of immigrants across the country.

Just last week, ICE agents arrested multiple people right outside the Phoenix Immigration Court, as well as people in San Francisco, New York City, Miami and Seattle— in the parking lot, in the hallway, even pulling them over on the street as they left their hearings.

These were people with pending asylum claims. In fact, in many cases, the Office of the Principal Legal Advisor (OPLA) had just dismissed their cases, and within minutes when they leave the courtroom, they were detained.

ICE is at the Courthouse. Take precautions.

Let me be clear, in all of my years as an immigration attorney, I have never seen such a policy in place. Not under Obama, not under Trump 1.0.

So what’s going on? Who is ICE targeting? And why now?

The answer lies in expedited removal, and a brand-new executive order issued by President Trump in January 2025 called “Protecting the American People Against Invasion.”

This order massively expands the government’s power to deport people without a court hearing — and it’s already being used to arrest people in places we once considered safe.

What is Expedited Removal?

It was created by Congress in 1996 and allows ICE and CBP to rapidly deport noncitizens who entered the US without inspection and without admission. Additionally those non-citizens must have been present in the US for less than 2 years.

Under this process, ICE and CBP agents can deport certain non-citizens without giving them a chance to see a judge. No court hearing. No lawyer. In some cases, deportation can happen in just one day.

Originally, expedited removal only applied to people near the border, within 14 days of entering. But now? That restriction is gone.

Trump’s Executive Order – Expanded Expedited Removal

Under the January 2025 expansion, ICE can now detain and deport people:

• Anywhere in the United States
• Who cannot prove they’ve been in the U.S. for at least 2 years
• And who entered the U.S. unlawfully or had their parole revoked

Should I Still Go to Court?

Now I am sure if you have a case in Immigration Court you are asking yourself:

“Should I still go to my immigration court hearing?”

To help you answer that question you should know what could happen if you do not go to Court. Skipping court could be worse. If you miss your hearing, the judge will almost certainly issue an in absentia removal order — a final deportation order without any opportunity to fight your case. This will harm your chances of ever being able to enter the US even if you have a valid claim.

If ICE arrests you, there may still be ways to reopen your case, request a bond, or apply for asylum.

But if you skip court? You’ll lose those options.

What You Can Do to Be Prepared

So what can you do?

• Go to court — but don’t go alone. Bring a U.S. citizen or green card holder with you who can act as a witness and help contact your family if needed.
• If you are detained – do not speak to ICE directly, tell them that you have an attorney.
• If you’re arrested, you still may be entitled to a credible fear interview (CFI). You MUST say: “I’m afraid to return to my country and I want to apply for asylum.”

Final Thoughts

What we’re seeing right now is unprecedented and dangerous. People who are trying to follow the rules are being punished for it.

That’s why it’s more important than ever to know your rights, seek legal representation, and stay informed.

If you or someone you know is worried about court, ICE, or expedited removal, please contact our office. We’re here to help.

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