ICE Uses New Courtroom Strategy: Dismiss Cases, Then Arrest Immigrants Outside

New Legal Tactics in Deportation Efforts

Inside immigration courts across the United States, immigrants who crossed the border illegally and were caught are required to appear before a judge for a preliminary hearing. However, a new legal tactic has emerged under the Trump administration, which is reshaping the landscape of deportation efforts. Instead of pursuing traditional deportation cases, officials are convincing judges to dismiss immigrants’ cases, effectively removing their protection from arrest and detention. This strategy often leads to quick deportations through a process known as expedited removal.

Many of these individuals had requested asylum, a right guaranteed under U.S. law. In response to this practice, advocates recently filed a class-action lawsuit on behalf of twelve immigrants who were unexpectedly arrested by Immigration and Customs Enforcement (ICE) after their cases were dismissed.

When an immigrant crosses the border illegally and is caught, they may receive a “notice to appear” (NTA), requiring them to attend a court hearing. However, the process can take years before their case is addressed. Convicted criminals make up less than half of ICE arrests under the Trump administration.

One of the plaintiffs in the lawsuit was caught at the U.S.-Mexico border in 2022 after fleeing Cuba. He faced persecution due to his opposition to forced conscription and the communist government. According to the lawsuit, he was raped while in custody in Cuba. At his first hearing in a U.S. immigration court in May, his case was dismissed without explanation, and his attorney assumed it was a positive development. However, shortly after leaving the Miami court, he was arrested and taken into custody, thousands of miles away from his family and his wife, who is a U.S. citizen.

The lawsuit highlights the impact of these courthouse arrests and dismissals, which have caused significant disruption in the lives of those affected. The group of immigrant advocates argues that the practice is illegal and contrary to traditional procedures for those released at the border for court dates.

The lawsuit includes 12 immigrants: three from Cuba, three from Venezuela, two from Ecuador, two from Guinea, and others from Liberia and the Chechen Republic. A spokesperson for the Department of Justice declined to comment on the lawsuit.

In July, Department of Homeland Security Assistant Secretary Tricia McLaughlin told CBS News that the new policy is reversing President Joe Biden’s “catch and release” policy, which allowed unvetted illegal aliens to be released onto American streets. However, the Trump administration has also released immigrants seeking asylum at the border pending court dates, according to a June 27 report by the Transactional Records Access Clearinghouse (TRAC).

Almost 18,000 people were released at the border in May, despite Trump officials closing the border and vowing to detain anyone not legally in the country. Immigration attorneys have reported that this new practice has led to disrupted lives for many individuals. However, they have chosen to remain anonymous to avoid drawing negative attention to their clients' cases.

Vanessa Dojaquez-Torres, practice and policy counsel for the American Immigration Lawyers Association, noted that the Department of Homeland Security is now arguing in court that anyone caught crossing the border should be arrested and detained. While this is not happening in every case, she emphasized that many people attending court hearings are being arrested, and some in detention are not being released.

This practice affects individuals with no criminal background or negative immigration history. Some even have sponsors who guarantee they will be housed and fed and ensure they attend their court hearings. Dojaquez-Torres also mentioned that some individuals are arrested in court even if their case is not dismissed.

One of the plaintiffs in the lawsuit is a Venezuelan man who faced persecution in his home country as a gay man with HIV. He was arrested in July after a hearing in New York City, even though his case is still active. Another woman from Venezuela, fearing persecution due to her sexual orientation and political views, applied for asylum in 2022 but was arrested at her first court hearing in May. She now faces an expedited removal order, which could lead to immediate deportation if she loses appeals. She is currently in detention in Ohio.

Other cases mentioned in the lawsuit involve arrests at immigration courts in Illinois, Iowa, Minnesota, and Nevada. Most of the immigrants involved in the lawsuit were caught crossing the border illegally. However, two presented themselves at the border legally via an appointment set up through the CBP One app, designed to limit the number of people crossing the border seeking asylum. The Trump administration shut down the app on its first day in office.

In one such case, a gay man from Ecuador used the app in January and appeared in court in June. Despite requesting more time to file an asylum case, his case was moved to dismissal, and he was deported back to Ecuador within a month. He is now living in hiding.

The class-action lawsuit has not yet been answered by the government. However, Chief Judge James Boasberg of the U.S. District Court for the District of Columbia ruled in July that the immigrants suing could use pseudonyms without identifying information, provided they submit real names and addresses in sealed documents.

Muzaffar Chishti, an attorney and policy expert at the Migration Policy Institute, noted that while courthouse arrests may cross a new legal line, they are unlikely to significantly increase deportations compared to large-scale workplace raids and transfers from local jails. He also pointed out that the administration's goal of deporting 1 million people a year remains unlikely.

Arrests declined in July compared to the previous month, but deportations increased, according to an August 2 TRAC report. With more federal funding for detention, the number of detainees is expected to rise, but it is still uncertain whether the target of 1 million deportations per year will be met.

The issue of courthouse arrests underscores the importance of legal representation for immigrants. Chishti emphasized that having a lawyer can make a significant difference in handling such cases, as they can argue against removal and highlight potential risks like torture.

Despite the challenges, the possibility of arrest and detention during a case that could last years may deter immigrants from attending court dates, leading to in absentia removal orders. If individuals fail to appear for a court date, they risk being detained and removed upon any future contact with ICE.