ICE Detentions in Immigration Court

What can you do if you face ICE in a hearing

What is happening in Immigration Courts? 

ICE is arresting immigrants who are attending their immigration court hearings without notice.

Sometimes, during the immigration hearing, DHS lawyers are asking the judge to “dismiss” the cases, meaning they want to drop the legal case against the person. Afterward, ICE appears to be on standby, ready to detain them outside of the courtroom. ICE can then seek to expedite these removals for people with no pending cases in immigration court.

In NY, this activity by ICE is not covered under the New York State Protect our Courts Act (POCA) or under NYC sanctuary laws (city agencies).


What are the risks of detention by ICE?

  • ICE typically operates based on a target list, but the criteria of the list is currently unknown. 

  • Even if not in expedited removal proceedings (you have a judge, an open case and a judge), ICE officers may or may not attempt to detain you.

  • If you are detained, and you still have an immigration court hearing, your case will move from the non-detained docket to the detained docket.

  • The detained docket moves much faster, so your hearing dates (and your judge) will probably change.

Other Reasons for Dismissing an Immigration Court Case

  • Both the DHS attorney or the Immigration Judge can try to have your case dismissed based on an incomplete application for relief (or no application)

  • The DHS attorney may also try to terminate your case under third country agreements. 

  • The government recently implemented these binational agreements for third country removals. 

    • This means that citizens of certain countries could be quickly removed to those countries without the opportunity to continue their immigration court case.

Please consult an attorney if the above situations may apply to you.

Can someone get out of expedited removal proceedings?

If your case is dismissed or if you’re detained, speak up immediately.

  • Clearly and repeatedly communicate your fear of return to your judge, and later, to the ICE officers. To do this, you may say something like:

    • “I’m afraid to return to my home country.”

    • “I fear being harmed, persecuted, or tortured if I’m deported.”

  • This should qualify you for a Credible Fear Interview (CFI). You can also clearly say, “I would like to request a Credible Fear Interview.” 

What is a credible fear interview?

  • A CFI is a special screening interview by an immigration officer where you explain why you’re afraid to go back. 

  • If the officer finds your fear credible, you may get the chance to apply for asylum or other protection and avoid fast deportation. 

  • If you are not afraid to return or if you are but you say nothing, you could be deported under expedited removal without the chance of presenting your case or seeing a judge.

New Bond Regulations

A recent internal memo from ICE says many people who entered the U.S. unlawfully may now be detained for the entire court process, even if they were previously eligible for a bond. This is part of a new ICE policy, likely a result of increased detention funding under the latest law.

Know Your Rights in Court

  • You have the right to object to dismissal.

  • You can demand that the ICE attorney submit their request to dismiss the case in writing, which gives you time to explain your opposition and to find an attorney.

  • If the judge dismisses your case, you have the right to an appeal with the BIA. Don’t forget to tell the judge you want to appeal.

  • If you fear persecution or torture if you are returned to your home country and/or another country, make sure to remind the judge and mention this at your hearing (in addition to any applications you may have filed).


What I can do to protect myself?

  • You may be able to appear at your immigration court hearing virtually. Here’s a guide on how to submit a motion for that.

  • Make sure you file any complete and full applications for immigration relief you might qualify for, such as asylum, before your court date/as soon as possible.

  • Make an emergency plan in advance.

  • If you are detained by ICE, even if you had a pending asylum application, and you fear being returned to your country of origin, you MUST express and explain your fear of return again to ICE officials. By doing so, you should receive a Credible Fear Interview.

Things You Can Do To Prepare

  • Know the risks.

  • Memorize a phone number of a trusted individual.

  • Create two folders (one for you in court and one to stay with your trusted contact)

    • Full legal name.

    • Additional contacts/family members.

    • Copies of important documents.

      • If children, guardianship documents.

        List of medications, if any.

    • Other instructions as needed.

  • Bring copies of important documents as well as any medication with you on the day of your hearing.

  • If detained, get in touch with your trusted contact and/or attorney or other legal support organization.

  • If you fear returning to your home country, express that fear repeatedly.

  • Don’t sign anything!

For more information or if you want to share this with others, download it here.

Please note this is general information and does not constitute legal advice. For a question specific to your situation, please join our weekly legal consultation meeting or consult with an immigration attorney.