New ICE Tactic: Arresting Individuals Leaving Immigration Courtrooms Across the US

Federal immigration authorities are facing growing scrutiny for an escalating tactic of detaining undocumented immigrants as they leave mandatory court hearings.

The actions, carried out by Immigration and Customs Enforcement (ICE) under President Donald Trump's administration, are part of a wider effort to expedite deportations and reshape immigration policy. The controversial approach has been reported in cities across the nation, including Phoenix, New York, Seattle, and Miami. ICE agents are specifically targeting individuals who had been permitted to enter the US under previous immigration guidelines established by former President Joe Biden. 

Many of these individuals had voluntarily presented themselves at the border and were allowed to remain in the country while awaiting immigration court proceedings. However, under President Trump’s revised policies, ICE has adopted a more aggressive stance, focusing on those who arrived within the last two years. Legal advocates and immigrant rights groups decry the shift, asserting it erodes trust in the legal system and instils fear within immigrant communities.

The New York Immigration Coalition issued a statement condemning the practice, arguing that individuals should be able to attend court hearings without fear of immediate detention. Previously, those undergoing the court process were generally shielded from deportation until an immigration judge issued a final ruling. However, ICE agents have begun detaining individuals immediately after federal prosecutors drop their cases, exploiting a streamlined deportation mechanism known as "expedited removal."

In Phoenix, the impact of this policy shift is palpable. According to reports, at least a dozen individuals were detained outside the courthouse over two days in late May. Immigration attorney Nera Shefer, who represents several affected clients, expressed concern over the abrupt policy change. She notes that case dismissals, once seen as a positive outcome, now signal an impending deportation order.

"It used to be getting your case dismissed was a celebration," Shefer said. "Not anymore. The government is given the opportunity to reprocess you under the new rules."

The acceleration of deportations aligns with President Trump’s broader immigration agenda, which includes enhancing border security and reducing the number of undocumented individuals in the US The administration has pledged to carry out mass deportations, with a stated goal of removing one million individuals annually. To support this effort, Congress is considering legislation that would significantly expand ICE’s operational capacity, including hiring 10,000 additional agents and increasing detention centre space.

President Trump has consistently criticised Biden’s immigration policies, arguing that they allowed too many individuals to enter the country without sufficient vetting. He has also argued that the traditional judicial process for handling immigration cases is impractical given the sheer number of people involved.

In an April social media post, President Trump dismissed the feasibility of holding court hearings for each undocumented immigrant, stating, "We cannot give everyone a trial, because to do so would take, without exaggeration, 200 years. What a ridiculous situation we are in."

Critics of the administration's policies argue that withholding court hearings violates constitutional protections, which guarantee due process to all individuals in the US, irrespective of immigration status. Immigrant rights groups and legal professionals assert that bypassing standard legal proceedings for deportation raises significant ethical and legal concerns.

The administration's enforcement strategy has led to increased confrontations between ICE agents and advocacy organisations. Some groups have initiated legal challenges to halt the detentions, citing concerns about procedural fairness. Additionally, the aggressive approach has heightened anxiety among undocumented individuals who believed they had complied with previous immigration protocols.

While President Trump has emphasised that his administration's priority is the removal of violent offenders, immigrant-rights advocates contend that many of those targeted have no criminal history. The sweeping enforcement measures, they argue, indiscriminately affect individuals who merely sought legal avenues to remain in the country.