ICE launches nationwide arrests at immigration court hearings, report says
Key Takeaways
- It has been reported that ICE will begin a nationwide effort to arrest removable noncitizens at or around immigration court hearings.
- The move could deter attendance at proceedings, raising the risk of in absentia removal orders for those who miss court.
- DHS policies limit enforcement in or near some “protected areas,” but arrests at courthouses and immigration courts have occurred under specific exceptions.
- Immigration courts face a backlog in the millions, meaning many applicants have waited years for hearings now potentially met by ICE presence.
What’s new
U.S. Immigration and Customs Enforcement (ICE) is launching a new, nationwide push to arrest undocumented immigrants at immigration court hearings, according to a Fox News report. It has been reported that Enforcement and Removal Operations (ERO) officers will target noncitizens who are subject to arrest and removal when they appear for proceedings before the Executive Office for Immigration Review (EOIR), the Department of Justice agency that runs immigration courts.
The reported initiative comes amid heightened scrutiny of interior immigration enforcement and operational shifts since the pandemic and border surges. While Fox News characterizes the targets as “illegal aliens,” ICE and the Department of Homeland Security (DHS) generally use the term “noncitizens” and “removable” to describe people subject to arrest under the Immigration and Nationality Act (INA).
Legal context and policy history
ICE has authority under the INA to arrest noncitizens who are removable, including without a judicial warrant in certain circumstances. DHS guidance in recent years has limited civil immigration enforcement in or near “protected areas” (such as schools, medical facilities, and places of worship), with narrow exceptions for public safety or other urgent needs. Courthouse enforcement has been more contested: while prior policies curtailed routine courthouse arrests, ICE has maintained that targeted operations can occur under specific conditions. Immigration courts, which are administrative tribunals rather than Article III courts, have not always been treated the same as state and federal criminal courthouses in these policies.
If arrests around hearings increase, immigrant advocates warn it could have a chilling effect on court attendance. Missing an EOIR hearing can trigger an in absentia removal order—an order issued when a person fails to appear—which can be difficult to reopen and can bar certain forms of relief. For individuals with cases pending, the stakes are high: asylum seekers, family-based applicants, and others may be navigating multi-year backlogs and complex eligibility rules while now also weighing the risk of encountering ICE at court.
What this means for people in the system
For noncitizens with upcoming EOIR dates—master calendar or merits hearings—the report signals a greater likelihood of encountering ERO officers in or near court facilities. Attorneys may adjust how they prepare clients and manage case logistics, particularly for those with prior removal orders or unresolved criminal matters. The practical message: attend hearings, understand your case posture, and be aware that ICE presence may be part of the landscape.
Policy watchers will look for formal guidance from DHS or ICE field offices clarifying who is being targeted and under what criteria, as transparency will shape both due process concerns and public safety claims. With millions of cases pending and hearings often scheduled months or years out, any change in courthouse enforcement can ripple quickly through already strained dockets and the lives of the families tied to them.
Source: Original Article