(BOSTON) Immigration and Customs Enforcement (ICE) has launched a new courthouse arrest tactic in the United States 🇺🇸, drawing sharp criticism and sparking legal and political debate. Since late May 2025, ICE has started arresting immigrants outside courthouses after getting their cases dismissed, a move that has quickly expanded across the country and changed how immigration enforcement works.
This approach, which began in about 14 cities including Boston, New York City, and Northern Virginia, has led to hundreds of arrests within days. ICE’s new goal is to make about 3,000 arrests every day, which is three times higher than earlier in 2025. The agency says this helps reduce the huge backlog of immigration court cases, which now stands at about 4 million. Supporters argue that this tactic encourages “self-deportation” and helps courts handle their heavy workload. However, critics say it puts immigrants at risk, threatens their rights, and damages trust in the justice system.
How the New ICE Courthouse Arrest Tactic Works
The process starts when an immigrant attends a scheduled court hearing. ICE agents wait in or near the courthouse, watching for people they want to arrest. If they spot someone, ICE may ask the immigration judge to dismiss the person’s case, often by arguing that the court does not have the right to decide the case or that there are procedural problems. Once the judge dismisses the case, ICE arrests the person outside or near the courthouse.
After the arrest, the person is quickly processed under a rule called expedited removal, or ER. This rule, found in 8 U.S.C. § 1225(b)(1)(A), lets ICE order some immigrants to leave the country without a full court hearing. ER is usually used for people who have not been in the United States 🇺🇸 for long or who do not have proper entry documents. Under this process, there is very little chance for the person to challenge the decision or get a judge to review the case.
If an immigrant is too scared to go to court because of the risk of arrest, the court can issue a removal order “in absentia,” which means the person is ordered to leave the country for missing their hearing. This puts immigrants in a tough spot: if they go to court, they risk arrest; if they stay away, they risk being ordered to leave anyway.
Why ICE Is Using This Tactic
ICE and some conservative groups, like the Heritage Foundation, say this tactic is needed to deal with the huge number of pending immigration cases. Lora Ries, director at the Heritage Foundation, explained that this approach matches the mass deportation efforts seen during President Trump’s time in office. She said it helps courts by removing cases faster and encourages people to leave the country on their own.
According to ICE, the new tactic is a way to enforce immigration laws more efficiently. By removing people from the court system quickly, ICE believes it can help clear the backlog and focus resources on other cases.
Criticism from Lawyers and Advocates
Many immigration lawyers and civil rights groups strongly oppose this tactic. They argue that it undermines due process, which means the right to a fair legal process. According to these critics, immigrants who show up for their hearings are being punished for following the rules. Instead of getting a chance to explain their situation or ask for relief, they are arrested and removed quickly.
The American Civil Liberties Union (ACLU) and other organizations warn that courthouse arrests make immigrants afraid to go to court, report crimes, or work with police. This can hurt public safety because people may not report important information or seek help when needed. The ACLU says that these arrests threaten basic rights like equal protection and due process, which are guaranteed by the Constitution.
Attorneys also say that the tactic makes it much harder to defend their clients. When immigrants are arrested suddenly, lawyers may not have time to prepare or file appeals. This can lead to mistakes and unfair outcomes. Some lawyers have called the tactic a form of entrapment, where people are tricked into showing up just to be arrested.
Impact on Immigrant Communities
For many immigrants, the fear of ICE courthouse arrests is real and immediate. People who have lived in the United States 🇺🇸 for years, have families, or are seeking asylum now face the risk of being arrested just for attending court. This fear can lead people to skip their hearings, which almost always results in a removal order.
Community leaders say that the tactic is making immigrants less likely to trust the justice system. When people are afraid to go to court, they may not report crimes, seek protection from abuse, or help police solve cases. This can make entire communities less safe.
“We’re seeing people who have never missed a court date now too scared to show up. They’re afraid that doing the right thing will get them arrested and deported. It’s heartbreaking.”
— A local advocate in Boston
Effect on the Justice System
The new ICE tactic is also changing how immigration courts work. By removing people from the court system quickly, the backlog of cases may shrink. However, this comes at a cost. Critics say that the courts are losing their role as a place where people can get a fair hearing. Instead, the process is becoming more about speed than justice.
Judges and court staff have raised concerns about the fairness of the process. Some worry that the tactic is turning the courts into a “trap” for immigrants, rather than a place where their cases can be heard. This could damage the reputation of the courts and make it harder for everyone to get a fair hearing.
Government and Congressional Response
The aggressive nature of ICE’s courthouse arrests has caught the attention of lawmakers. On June 11, 2025, Senator Elizabeth Warren and other members of Congress sent a letter to the Department of Homeland Security’s Office for Civil Rights and Civil Liberties (CRCL) and the Office of Inspector General (OIG). They demanded a review of ICE’s tactics, including the use of military-style equipment and face coverings during arrests.
The lawmakers asked for detailed information about ICE’s policies since January 20, 2025, showing that Congress is watching closely. They want to know if ICE is following the law and respecting people’s rights. This could lead to new rules or laws about how and where ICE can make arrests.
Background: How Did We Get Here?
The use of expedited removal is not new. It was first introduced in 1996 as part of changes to the Immigration and Nationality Act (INA). At first, it was mostly used near the border and for people who had just arrived in the United States 🇺🇸. Over time, the rules have changed, allowing ICE to use expedited removal in more places, including inside the country and at courthouses.
During President Trump’s administration, ICE increased courthouse arrests, but the current tactic is even more aggressive. Since early 2025, under President Biden’s enforcement priorities, ICE has focused more on mass deportations and reducing the court backlog. This marks a shift from earlier policies that were more limited in scope.
Key Stakeholders and Their Views
| Stakeholder | Viewpoint |
|---|---|
| ICE | Sees the tactic as a way to enforce the law and reduce the court backlog. |
| Heritage Foundation | Supports the approach, saying it matches mass deportation goals and helps courts. |
| Immigration Attorneys and Advocates | Strongly oppose the tactic, calling it unfair and a violation of rights. |
| ACLU and Civil Rights Groups | Warn that the tactic harms justice and community safety. |
| Congressional Leaders | Demanding investigations and more transparency from ICE. |
What Happens Next?
The future of ICE’s courthouse arrest tactic is uncertain. Congress and civil rights groups are investigating, and there could be new rules or court decisions that change how ICE operates. Advocacy groups are pushing for laws or executive orders to stop immigration arrests at courthouses, saying this is needed to protect due process and community safety.
ICE may keep expanding the tactic to more places unless stopped by new laws or court rulings. As the debate continues, more people are watching how ICE meets its daily arrest quotas and whether these methods respect people’s rights.
What Can Immigrants and Their Families Do?
- 📋 Talk to a trusted immigration attorney before your hearing. They can help you understand your rights and what to expect.
- 📋 Know your rights if approached by ICE. You have the right to remain silent and to ask for a lawyer.
- 📋 Stay informed about changes in ICE policies and court procedures. Advocacy groups and legal organizations often provide updates.
- 📋 Consider safety plans for your family in case of arrest. This can include having important documents ready and knowing who to call for help.
For more information about your rights and ICE procedures, you can visit the official ICE website.
Resources for Help
- 🛡️ American Immigration Lawyers Association (AILA): Offers legal resources and referrals for immigrants facing court hearings.
- 🛡️ American Civil Liberties Union (ACLU) Immigration Project: Provides information about immigrants’ rights and legal support.
- 🛡️ DHS Office for Civil Rights and Civil Liberties (CRCL): Handles complaints about civil rights violations by immigration agencies.
- 🛡️ DHS Office of Inspector General (OIG): Investigates complaints about ICE and other Department of Homeland Security agencies.
Looking Ahead
As reported by VisaVerge.com, the new ICE courthouse arrest tactic is changing the landscape of immigration enforcement in the United States 🇺🇸. The debate over this approach is likely to continue, with legal challenges, congressional investigations, and advocacy efforts all playing a role. For immigrants, attorneys, and communities, staying informed and prepared is more important than ever.
The coming months will show whether ICE’s aggressive tactics will be limited by new laws or court decisions, or if they will become a permanent part of the immigration system. In the meantime, immigrants and their supporters are urged to seek legal advice, know their rights, and watch for updates from trusted sources. The outcome of this debate will have lasting effects on millions of people and the future of immigration in the United States 🇺🇸.
This Article in a Nutshell
