Key Takeaways
• In May 2025, ICE began arresting immigrants at courts immediately after hearings, sparking legal challenges.
• A July 16, 2025 class-action lawsuit claims arrests violate constitutional due process rights.
• Federal courts issued July 11, 2025 TROs limiting enforcement raids and requiring legal counsel access.
As of July 2025, the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) are facing a major legal and public challenge over their practice of arresting immigrants at immigration courts. This update explains what has changed, who is affected, the timeline, what actions are required, and what these changes mean for immigrants, families, legal advocates, and pending applications.
Summary of What Changed
Starting in May 2025, ICE began arresting immigrants at immigration courts immediately after their hearings. These arrests often happen without warning, right after a judge dismisses or concludes a case. On July 16, 2025, a class-action lawsuit was filed in the U.S. District Court for the District of Columbia. The lawsuit, brought by a coalition of immigrants and legal advocacy groups, targets DHS, the Justice Department, and ICE. The plaintiffs argue that these arrests violate immigrants’ constitutional rights and due process, especially the right to a fair hearing before being detained or deported.
This new enforcement approach marks a significant shift from past practice. Historically, immigration courts were considered “sensitive locations,” where arrests were rare to avoid scaring people away from attending their hearings. The recent policy has changed that, creating a climate of fear and uncertainty for many immigrants and their families.
Who Is Affected
This policy affects several groups:
- Immigrants with pending cases: Anyone attending an immigration court hearing, especially those whose cases may be dismissed or concluded, faces the risk of immediate arrest by ICE agents waiting in courthouse hallways.
- Asylum seekers: Many people seeking protection in the United States 🇺🇸 are now afraid to attend their hearings, fearing they will be detained and deported without a chance to fully present their case.
- Families and communities: When individuals are arrested at court, families can be separated with little warning, causing distress and hardship.
- Legal advocates and attorneys: Lawyers and advocacy groups are concerned that their clients may not get a fair chance to defend themselves or seek relief from removal.
- Pending applications: People with ongoing applications for asylum, cancellation of removal, or other forms of relief may have their cases cut short if they are arrested and removed before a final decision.
Effective Dates and Timeline
- May 2025: ICE begins the practice of arresting immigrants at immigration courts after hearings.
- July 11, 2025: A federal judge in Southern California issues temporary restraining orders (TROs) limiting some enforcement actions, including requiring reasonable suspicion for raids and banning the use of race, ethnicity, language, or location as reasons for stops. The court also orders that detainees in certain facilities must have access to legal counsel at all times.
- July 16, 2025: A class-action lawsuit is filed in the U.S. District Court for the District of Columbia, challenging the legality and constitutionality of courthouse arrests.
- July 17, 2025: DHS and ICE have not yet responded publicly to the lawsuit or changed their enforcement practices.
Required Actions for Affected Individuals
If you or someone you know has an upcoming immigration court hearing, it is important to:
- Consult with an immigration attorney or accredited representative before attending court. Legal professionals can help you understand your risks and options.
- Know your rights: You have the right to remain silent and to ask for a lawyer if approached by ICE agents. Do not sign any documents you do not understand.
- Have a safety plan: Make arrangements with family or friends in case you are detained. Share important contact information and keep copies of your documents in a safe place.
- Stay informed: Monitor updates from trusted legal organizations and official sources, such as the Executive Office for Immigration Review (EOIR), which oversees immigration courts.
- If you are detained: Ask to speak with your lawyer and do not answer questions about your immigration status without legal advice.
Implications for Pending Applications
The new arrest policy has serious effects on people with pending immigration cases:
- Risk of missing hearings: Fear of arrest may cause some immigrants to skip their hearings, which can lead to automatic orders of removal (deportation) for failing to appear.
- Fast-track deportations: DHS directives now encourage judges and prosecutors to dismiss cases quickly, making it easier for ICE to arrest and remove people without giving them a full chance to present their case or apply for relief.
- Limited legal protections: The lawsuit argues that these practices violate the Fifth Amendment, which guarantees due process—the right to a fair hearing before losing your liberty or being deported.
- Family separation: Swift arrests at court can separate families with little warning, leaving children and loved ones without support.
Details of the Class-Action Lawsuit
The class-action lawsuit filed on July 16, 2025, is a major development. The plaintiffs include Democracy Forward, Immigrant Advocates Response Collaborative, American Gateways, and the National Immigrant Justice Center. They argue that:
- Arrests at court violate due process: Immigrants are being detained and deported without a fair chance to be heard.
- DHS directives encourage fast-track removals: By telling judges and prosecutors to dismiss cases quickly, the government is making it easier to deport people without proper legal procedures.
- Courthouse arrests deter attendance: The fear of being arrested keeps people from attending their hearings, which is critical for seeking relief or asylum.
Keren Zwick, director of litigation at the National Immigrant Justice Center, called the policy an “authoritarian takeover” of the immigration court system. She said that people who are following the law and showing up for court are being taken away from their families and communities without due process.
Homeland Security and ICE’s Position
As of mid-July 2025, DHS and ICE have not responded publicly to the lawsuit or the criticism of their courthouse arrest policy. However, they continue to defend their enforcement priorities, saying that their main goal is to remove people with criminal histories, especially those convicted of violent crimes.
For example, on July 11, 2025, ICE announced the arrest of several people convicted of serious crimes, such as murder, sexual abuse of children, and domestic assault. Assistant Secretary Tricia McLaughlin stated that ICE is keeping its promise to restore law and order under President Trump and Secretary Kristi Noem. This signals a strong commitment to aggressive immigration enforcement.
Judicial and Legal Context
The legal landscape is shifting as courts respond to these new enforcement tactics:
- Temporary restraining orders (TROs): On July 11, 2025, a federal judge in Southern California issued TROs that limit DHS and ICE’s ability to conduct raids without reasonable suspicion. The court also banned the use of race, ethnicity, language, or location as reasons for stopping individuals. In addition, the court ordered that detainees in certain facilities must have access to legal counsel at all times.
- Growing judicial pushback: These rulings show that courts are concerned about the constitutionality of aggressive enforcement tactics, especially when they may violate due process and equal protection rights.
Policy Implications and Practical Effects
The new policy of arresting immigrants at court has several practical effects:
- Climate of fear: Many immigrants are now afraid to attend their hearings, which can lead to more deportations by default if they do not show up.
- Undermining the court system: Legal advocates warn that these practices weaken the integrity of the immigration court system and the rule of law.
- Government’s argument: Officials say that strict enforcement is needed to remove people who pose risks to public safety, but critics argue that the policy sweeps up many people who have no criminal history and are simply trying to follow the law.
Background and Historical Context
The practice of arresting immigrants at courthouses increased under President Trump and has continued and expanded under Secretary Kristi Noem’s leadership at DHS. In the past, immigration courts were considered sensitive locations, and arrests were rare to avoid discouraging people from attending court and to protect their due process rights. The recent shift to more aggressive courthouse arrests marks a major change in how immigration laws are enforced.
Future Outlook and Pending Developments
The class-action lawsuit filed in July 2025 is expected to lead to more court scrutiny and possible orders to stop or limit ICE’s courthouse arrest practices. Immigration advocates are calling for policy changes to restore due process protections and allow immigrants to attend court safely.
In the coming months, DHS and ICE may face pressure to:
- Revise enforcement guidelines: There may be calls to limit or end courthouse arrests and to make enforcement actions more transparent and accountable.
- Improve transparency: Advocates want DHS and ICE to explain their policies and provide clear information to the public.
- Restore due process: Legal groups are pushing for changes that will ensure immigrants have a fair chance to present their cases and seek relief.
The legal fight and public debate over these policies will continue to shape how immigration laws are enforced and how courts operate in the United States 🇺🇸.
Key Stakeholders
- Plaintiffs and Advocates: Democracy Forward, Immigrant Advocates Response Collaborative, American Gateways, National Immigrant Justice Center (Keren Zwick, Director of Litigation)
- Government Officials: DHS Secretary Kristi Noem, ICE Assistant Secretary Tricia McLaughlin
- Courts: U.S. District Court for the District of Columbia; Federal courts in Southern California issuing TROs
- For official information: The Executive Office for Immigration Review (EOIR) oversees immigration courts.
Practical Guidance and Next Steps
If you are affected by these changes or have a pending immigration case:
- Stay in close contact with your attorney or legal representative. They can help you understand your rights and prepare for your hearing.
- Do not skip your court date. Missing a hearing can result in an automatic order of removal.
- Prepare a safety plan. Let family and friends know your court date and have a plan in case you are detained.
- Know your rights if approached by ICE: You have the right to remain silent and to ask for a lawyer. Do not sign anything you do not understand.
- Monitor updates: Follow trusted sources, such as legal aid organizations and the EOIR, for the latest information.
Conclusion
The recent changes in Homeland Security and Immigration and Customs Enforcement policy have created new risks for immigrants attending court. The class-action lawsuit filed in July 2025 challenges the legality of courthouse arrests and seeks to restore due process protections. As reported by VisaVerge.com, the outcome of this legal battle will have a major impact on immigrants, families, and the future of U.S. immigration enforcement.
For now, it is important for anyone with a pending immigration case to stay informed, seek legal advice, and prepare for the possibility of increased enforcement at court. The situation remains fluid, and further court rulings or policy changes may occur in the coming months. For official updates and resources, visit the Executive Office for Immigration Review (EOIR) website.
By staying informed and prepared, immigrants and their families can better protect their rights and respond to these challenging changes in immigration policy.
Learn Today
Department of Homeland Security (DHS) → U.S. federal department responsible for public security, including immigration enforcement and customs regulations.
Immigration and Customs Enforcement (ICE) → Federal agency enforcing immigration laws, including detaining and deporting unauthorized immigrants.
Class-action lawsuit → A legal case filed by a group representing others with similar grievances against entities or policies.
Due process → Legal principle requiring fair treatment through the normal judicial system before depriving rights or liberty.
Temporary restraining order (TRO) → A court order temporarily restricting actions to prevent harm until a full hearing is held.
This Article in a Nutshell
ICE’s new policy arrests immigrants post-court hearings starting May 2025, triggering a lawsuit alleging due process violations and sparking judicial scrutiny and community fear.
— By VisaVerge.com
