ICE Detentions in Immigration Court

What can you do if you face ICE in a hearing

Attending your court hearings?

There have been increased arrests by ICE at immigration court, especially at Master’s Calendar hearings.

Many wonder whether to go to their court-scheduled appointment, especially if it is in person (most of them are remote, however).

Here are options to consider to make an informed decision:

  1. Suppose you show up to your appointment at immigration court, and ICE arrests you and puts you in detention. In that case, you can request a fear interview because you are afraid to return to your country, which should prevent you from being immediately removed from the country.  It is not guaranteed, however.

  2. If you do not show up to your appointment, then an order of removal will be issued against you, and if ICE arrests you, then you will no longer have the chance to request a credible fear interview, and you will be put on the fast track to deportation. (Known as Expedited Removal)

None of these options is easy, and you are welcome to attend our legal consultations on Thursdays to get advice. You can register here.

What to say to the Judge in case the ICE attorney requests a dismissal of your case?

It seems that ICE is asking for the dismissal of cases of people who have been in the US for less than two years, and do not have a pending asylum case.

If the judge agrees, the ICE prosecutor can then open a new, expedited removal case and detain you.

Here is what you should say:

"Your Honor, I am opposing the request to dismiss my case. I want to speak further with an attorney. I cannot return to my country as I will risk severe persecution. I fear returning to my country because I will be persecuted.

Alternatively, you can ask the judge to require ICE to submit its request (motion to dismiss) in writing, so that you have time to consult with an attorney and file a response.

It’s very important that you clearly state your opposition to ICE’s request.

This may help protect you from being placed in Expedited Removal — a fast-track deportation process where ICE could detain you immediately after your case is dismissed.

Very important:

Even if you say this, the judge can still decide to dismiss your case. But if ICE detains you afterward, you have the right to request a fear interview to explain why you cannot return to your country.

How to locate someone in detention

You can use the ICE locator website to find out where the person is located. Click here